Wong Ping Kin v. Lee Foo Ling and Another
Read the full judgment text of HCA 135/1970 on BabelCite. This High Court CFI judgment.
1. This is an application for assessment of damages under the Fatal Accidents Ordinance and Law Reform (Miscellaneous Provisions) Ordinance against the 2nd defendant pursuant to an interlocutory judgment dated the 14th October 1970 and an Order of the 18th September, 1971. Leave was given on the 6th May, 1971 to withdraw the plaintiff's claim against the 1st defendant.
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HCA000135/1970 IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION ACTION NO.135 OF 1970 -----------------
----------------- Coram: Mr. B.L. Jones, Assistant Registrar, in Chambers. Date of Judgment: 18th day of November, 1971. ----------------- DECISION ----------------- 1. This is an application for assessment of damages under the Fatal Accidents Ordinance and Law Reform (Miscellaneous Provisions) Ordinance against the 2nd defendant pursuant to an interlocutory judgment dated the 14th October 1970 and an Order of the 18th September, 1971. Leave was given on the 6th May, 1971 to withdraw the plaintiff's claim against the 1st defendant. 2. The plaintiff aged 24 is the eldest son of the deceased who died as a result of injuries she received in a road traffic accident that occurred on the 29th January, 1969. The action was instituted by the plaintiff on his own behalf and on behalf of the three younger children of the deceased, Wong Kit Ching, a daughter, now aged 21, Wong Ping Wah, a son, now aged 18 and Wong Kit Lin, a daughter, now aged 16. However, it was conceded by Mr. Suffiad for the plaintiff that no dependency could be claimed by either the plaintiff or Wong Kit Ching. 3. The plaintiff stated that his mother was a widow and aged 47 at the time of her death and was in good health. She took care of the household and in addition did private sewing work and assembled plastic flowers. The deceased earned $450 per month which was her sole income and she contributed about $300 per month for the family expenses. Upon the figures submitted in evidence the dependency of Wong Ping Wah amounted to about $145 per month and Wong Kit Lin about $100 per month. Wong Ping Wah still attends school. Wong Kit Lin was at school at the time of the death of her mother but in view of the present family circumstances she has now had to obtain employment. 4. Although Mr. Suffiad suggested that there should be an amount for loss of services there was no evidence submitted in support of such claim with the result that no award can be made under this head. 5. I shall award the sum of $7,500 as damages for loss of expectation of life under the Law Reform (Miscellaneous Provisions) Ordinance. The funeral expenses claimed amount to $3,379.00 but no documentary evidence was produced in support of this claim as the receipt had been mislaid by the plaintiff's solicitors. However, I accept the evidence of the plaintiff that the sum claimed was in fact paid. However, I am of the opinion that the amount paid for the funeral expenses is excessive and in respect of this claim I shall allow the sum of $2,000. 6. With regard to the claim for damages under the Fatal Accidents Ordinance the multiplier that I shall adopt for Wong Ping Wah will be 4 and for Wong Kit Lin 3. Accordingly the value of the dependency for Wong Ping Wah will be $6,960 and for Wong Kit Lin $3,600. 7. The total damages awarded will therefore amount to $20,060 made up as follows: -
8. The costs of the application will be paid by the 2nd defendant and there will be a certificate for counsel. 9. Dated this the 18th day of November, 1971.
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