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Lee Po Lin and Others v. Tsui Hing Hau and Others

Read the full judgment text of HCA 3203/1977 on BabelCite. This High Court CFI judgment.

1. On 18th February, 1975 the Plaintiffs were passengers in a private motor car, registered number AL1805. The car was owned by the First Defendant. It was driven by the Second Defendant. The Third Defendant is the insurer of the First Defendant. The car was involved in an accident. All the Plaintiffs were injured. Interlocutory judgment was entered against the First and Second Defendants on the 7th day of January, 1978. After judgment the Third Defendant was joined, by consent, merely to cross-

Case No.HCA 3203/1977
Court
High Court CFI
Date—
Judge—
Case Document
100%Judiciary

HCA003203/1977

  1977, No. 3203
  Legal Aid No. RD/LA1287/75
  LU200/76

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN    
  LEE PO LIN 1st Plaintiff
  CHEUNG CHI WO, an infant by his next friend LEE PO LIN 2nd Plaintiff
  CHEUNG YUK PING, an infant by his next friend LEE PO LIN 3rd Plaintiff
  CHEUNG SUET FONG, an infant by her next friend LEE PO LIN 4th Plaintiff
  CHEUNG MEI LING, an infant by her next friend LEE PO LIN 5th Plaintiff
  and  
  TSUI HING HAU 1st Defendant
  CHAN LAP MING 2nd Defendant
  INSURANCE COMPANY LIMITED 3rd Defendant

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Coram: Mr. Registrar Cruden in Chambers.

Date of Judgment: 13th April, 1978.

Mr. Bunting instructed by Rowdget W. Young & Co. for Plaintiffs.

Mr. Niamatullah instructed by Yu Tsang & Loong for 1st and 2nd Defendants.

Mr. R. Tang instructed by Gallant Y.T. Ho & Co. for 3rd Defendant.

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DECISION

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1. On 18th February, 1975 the Plaintiffs were passengers in a private motor car, registered number AL1805. The car was owned by the First Defendant. It was driven by the Second Defendant. The Third Defendant is the insurer of the First Defendant. The car was involved in an accident. All the Plaintiffs were injured. Interlocutory judgment was entered against the First and Second Defendants on the 7th day of January, 1978. After judgment the Third Defendant was joined, by consent, merely to cross-examine and make submissions on the question of quantum.

2. No medical evidence was called. The Defendants admitted the whole of the relatively detailed particulars of injuries, set out in the statement of claim. I am now asked to assess the damages in respect of those injuries. Dealing with the Plaintiffs in turn I make the following awards:-

GENERAL DAMAGES:  
First Plaintiff: Madam Lee Po Lin was aged 44 years at the date of the accident. She suffered fractures of the 4th, 5th, 6th and 7th ribs and a cracked fracture of the lateral malleolus. After spending a week in Hospital the plaster was removed nearly a month later. I award her $5,000.
Second Plaintiff: Cheung Chi Wo is a young man aged 19. Fortunately he only suffered a 1 cm. haematoma over the forehead and a mild abrasion over the knees. He is entitled to $750.
Third Plaintiff: Cheung Yuk Ping, aged 17 years, sustained a 3 inch laceration on the left side of the forehead. The injury was sutured under local anaethesia and he remained in hospital for 3 days. While the remaining scar is substantial it is hidden by his present hair style. I award him $1,000.
Fourth Plaintiff: Cheung Suet Fong, aged 15, suffered a l inch laceration over her chin, a cracked fracture of her nasal bone and a 2 inch laceration over her left knee. She has recovered from the chin and nasal injuries without any remaining scars. However, she is left with a nasty and very noticeable scar to her left knee. It was undisputed that the appearance of this scar will not improve. I award her $2,000.
Fifth Plaintiff: Cheung Mei Ling was only 12 at the date of the accident and sustained a 2 cm. laceration to her upper lip. I award her $750.
SPECIAL DAMAGES:  
  (a) Bone setter's fees incurred by the First Plaintiff were agreed at the reduced sum of $250.  
  (b) I will also allow special nourishment in favour of the First Plaintiff in the sum of $400.  
  (c) The First Plaintiff will also be awarded, as damages for loss of wages, for 5 months from 18.3.75, at the rate of $300 per month, the sum of $1,500.  

3. There will be judgment for these sums against the First and Second Defendants.

4. The general damages will carry interest at the rate of 8% from the 16th day of November 1977 to today. The special damages will carry interest at the rate of 4% from the 18th day of February, 1975 to today.

5. The total damages will be paid into Court within 14 days. On payment in there will be payment out to the First Plaintiff, Second Plaintiff and Third Plaintiff. The general damages awarded to the Fourth and Fifth Plaintiffs will be invested by the Registrar at his discretion with liberty to apply. The Plaintiffs are entitled to the costs of the action and this assessment. There will be a certificate for Counsel. Both these latter orders are made against the First and Second Defendants.

6. Dated this 13th day of April,1978.

  (G.N. Cruden)
  Acting Assistant Registrar

Representation:

Mr. Bunting instructed by Rowdget W. Young & Co. for Plaintiffs.

Mr. Niamatullah instructed by Yu Tsang & Loong for 1st and 2nd Defendants.

Mr. R. Tang instructed by Gallant Y.T. Ho & Co. for 3rd Defendant.