Lee Man Kon v. Commercial Shang Kee Transportation Co Ltd and Another

HCA000662/1971

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 662 of 1971

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Coram: Mr. B.L. Jones, Assistant Registrar, in Chambers.

Date of Judgment: 30th day of December, 1971.

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DECISION

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1. This is an application for damages under the Fatal Accidents Ordinance and the Law Reform (Miscellaneous Provisions) Ordinance arising as a result of the death of the plaintiff's wife which occurred in a road traffic accident on the 7th July, 1970.

2. Interlocutory judgment was obtained against the defendants in default of appearance for damages to be assessed on the 10th November, 1971.

3. The deceased was aged 37 at the date of her death and was in good health.

4. The plaintiff is now aged 43 and brings this action on behalf of himself and the following dependants - Lee Ying Lap, son, aged 18, Lee Yuen Yee, daughter, aged 16, Lee Yuen Kwan, daughter, aged 14, Lee Yuen Chong, daughter, aged 12, Lee Yuen Wah, daughter, aged 10, Lee Ying Nam, son, aged 9, Ko Wo, father, aged 62 and Ko Fong Wai Ching, mother, aged 62. All the children are attending school and live with the plaintiff and the deceased's mother. The deceased's father now lives at an old people's Home where the cost of his keep per month amounts to $90.

5. The deceased was a skilled technician doing piece work for two goldsmith and jewellery shops where she earned approximately $1,100 to $1,200 per month. She contributed $900 per month towards the household expenses and counsel for the plaintiff has suggested that a figure of $100 be deducted for her own expenses leaving a total dependency figure of $300 per month. I agree that this sum is reasonable.

6. Evidence was given by the Secretary of the two shops for whom the deceased worked that having regard to her particular trade she would have been able to work until 56 or 57 and that her income would have increased by about $100 per month each year. I accept that the deceased would have received increases but I doubt whether they would have been anywhere in the region of $100 per month each year.

7. The plaintiff is employed as a bookkeeper earning $460 per month which is supplemented by remittances from relatives living in the United States, England and South Africa.

8. Pain and suffering was pleaded but there was no evidence before me to enable an award to be made under this head.

9. Only a reasonable figure can be allowed for funeral expenses and the amount of $9,210.45 which was claimed is clearly excessive. The plaintiff only produced receipts for $5,447 which is made up as to $2,030 for grave space, $1,740 for the coffin, $1,350 for building a tomb and $327 for miscellaneous items. I shall disallow the cost of those expenses for which no receipts were produced and the sum of $1,350 for building a tomb which I consider to be unreasonable. Accordingly the funeral expenses will be allowed at $4,097.

10. I shall award the sum of $20 for the deceased's clothes that were damaged.

11. The figure normally allowed under the Law Reform (Miscellaneous Provisions) Ordinance for loss of expectation of life follows the conventional figure of about £500 adopted in England for a grown person who could expect to have a happy life. There was nothing to show that the deceased had she lived would not have had a happy life and I shall award $7,500 as damages under this head.

12. The plaintiff stated that before her death the deceased and his mother in law looked after the household but since the death he has had to employ a servant as his mother in law is now unable to do so. The plaintiff pays the servant $450 per month and an additional sum of about $100 for her meals. The plaintiff claims damages for this expense. However, I do not consider that any award should be made under this head for if the mother in law is now no longer able to assist in the household a servant would have to have been engaged in any event.

13. Mr. K.H. Woo on behalf of the plaintiff suggested that a multiplier of 15 years purchase should be adopted when calculating damages under the Fatal Accidents Ordinance and I accept this multiplier for the purpose of my calculations using a multiplicand of $9,600 per annum.

14. Accordingly the damages awarded under the Fatal Accidents Ordinance will therefore amount to $144,000.00. The sum of $7,500 awarded under the Law Reform (Miscellaneous Provisions) Ordinance will be dedocted from this figure leaving $136,500 which will be apportioned as follows:-

15. The total award of damages will therefore amount to $140,617.

16. The costs of this application will be paid by the defendants and there will be a certificate for counsel.

17. Date this the 30th day of December, 1971.

Representation: