Luk Ho Yuen v. Ling Chi Kan

HCA004150/1983

No. 4150 of 1983

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

Coram: Master Hansen in Chambers

Date of Hearing: 12 October 1983

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ASSESSMENT OF DAMAGES

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1. The Defendant had taken no steps whatever in this action and did not attend at the hearing of this assessment. The Plaintiff, aged 43 years, was the owner operator of a goods vehicle.

2. A collision occurred between the respective goods vehicle of the Plaintiff and the defendant at approximately 5.10 p.m. on the 25th March 1982 in Hong Hau Road. As a result of that collision the defendant suffered minor injuries and his goods vehicle was a total write off.

3. The Plaintiff claimed special damages relating to the loss of his vehicle, his loss of earnings and fees for medical and survey reports. He also claimed general damages.

Special Damages

4. Mr Kenneth Ng of the Auto Adjusters Bureau gave evidence that the Plaintiff's vehicle was a total write off as a result of the collision. He further stated that the pre-accident value of the vehicle was between $9,500 and $12,000. Under this head I award the sum claimed i.e. $10,800.

Touring Charges

5. I award the sum claimed i.e. $600.

Fees for Survey Report

6. I award the sum claimed i.e. $750.

Fees for Medical Report

7. I award the sum claimed i.e. $100.

Loss of Income

8. The Plaintiff gave evidence (which I accept) that his average net monthly income at the time of accident was $6,500 p.m. He claimed this sum from the 26th March 1982 until the 14th July 1982. Dr Liu of United Christian Hospital, however, stated that the Plaintiff was fit to go to work after the 30th July 1982. The Plaintiff's explanation was that it took him 2 weeks of "practice driving" before his confidence returned sufficiently for him to undertake gainful driving. I do not accent this. I award loss of income from 26th March until the 30th of June at the rate of $6,500 p.m. i.e. $20,728.76.

General Damages

9. The Plaintiff also claimed general damages. He suffers no permanent disability so this must only refer to pain suffering and loss of amenities. His injuries were of a very minor nature. He was unconscious for a short time and was observed in hospital for 2 days. (A standard practice at United Christian Hospital in all head injury cases). There were minor abrasions to his left thigh. Over the next 3 months he suffered from intermittent minor headache and some dizziness. Obviously these complaints were considered serious enough by the Plaintiff's medical advisors for them to certify him unfit for work until the end of June. Mr Chu was unable to refer to any helpful authority, and indeed, my own research has yielded nothing of any assistance. There appear to be no reported decisions dealing with such minor injuries. I consider that the Plaintiff is entitled to some compensation. However it is really in the way of a solatium payment. Having considered all the evidence I award the defendant $3,000 under this head.

Summary

10. Special Damages: -

11. General Damages:-  

12. There will be interest on the general damages at the rate of 2% p.a. from the date of the issue of the writ and at 5½% p.a. on special damages from the date of the accident until today.

Representation:

Mr Chu instructed by Messrs Ho & Wong for Plaintiff.

Defendant in person - LING CHI KAN (absent)