Ho Kin Fun v. Leung Pak Tung and Another
Read the full judgment text of HCA 3137/1973 on BabelCite. This High Court CFI judgment.
1. This is an assessment of the plaintiff's damages arising as a result of personal injuries which he suffered in a road traffic accident that occurred on the 10th March 1971. Interlocutory judgment for damages to be assessed was obtained on the 23rd February 1974. The plaintiff who is now aged 19 suffered a fractured shaft of the right femur for which he was treated with skeletal and balanced traction for a period of ten weeks at the Queen Mary Hospital where he was an in-patient for 13 weeks.
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HCA003137/1973
IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION -----------------
----------------- Coram: Mr. Registrar Jones in Chambers. Date of Judgment: 27th June 1974 ----------------- DECISION ----------------- 1. This is an assessment of the plaintiff's damages arising as a result of personal injuries which he suffered in a road traffic accident that occurred on the 10th March 1971. Interlocutory judgment for damages to be assessed was obtained on the 23rd February 1974. The plaintiff who is now aged 19 suffered a fractured shaft of the right femur for which he was treated with skeletal and balanced traction for a period of ten weeks at the Queen Mary Hospital where he was an in-patient for 13 weeks. After his discharge he received physiotherapy treatment at the Duchess of Kent Orthopaedic Hospital for a period of four months as an out-patient. 2. In an agreed medical report dated the 25th May 1974 a medical board at the Queen Mary Hospital stated that the fractured shaft has united and there is no deformity, functional loss or residual pain. The plaintiff in evidence said that he has made a full recover from the effects of the accident. When the accident occurred the plaintiff had completed his school year but was unable to take the School Certificate and University of Hong Kong entrance examination. As a result he returned to school in September 1971 for the purpose of repeating the previous year's studies in order to take the examination the following year. In respect of the further year's schooling the plaintiff's father and next friend has claimed as an item of special damage, the school fees for the extra year amounting to $657. This claim was challenged by Mrs. Jackson-Lipkin who appeared for the defendants on the ground that the plaintiff could have taken the examination independently without repeating the year at school. However, the plaintiff would clearly have been at a disadvantage following the accident whilst he was an in-patient in hospital and during his subsequent convalescence with the result that I consider it was reasonable that he should repeat the year's schooling. The school fees will therefore be allowed. 3. Two items of special damage, hospital charges of $354 and the cost of a pair of pants $45 were agreed. The other items of special damage Chinese herbs $250, extra nutritious food $1,500 and travelling expenses totalling $1,200 were challenged by Mrs. Jackson-Lipkin. No medical evidence was produced to support the claim for Chinese herbs and extra nutritious food nor were any receipts produced to substantiate these claims. Consequently following the dicta of the Chief Justice and McMullin J. in the Full Court decision of Wong Yin Wah and Another v. Hung Ping Kwan & Others Civil Appeal No. 6 of 1973 these claims will be disallowed. Mr. Hon the solicitor for the plaintiff conceded that the claim of $180 for travelling expenses to enable the plaintiff to attend school should be abandoned. In respect of the other travelling expenses for the next friend to visit the plaintiff in hospital, the expenses, in as much as the plaintiff's father has a car, are too high. I shall allow the sum of $500 under this head. Special damages will therefore amount to $1,556. 4. Having made a will recovery from the effects of the accident the plaintiff's claim for general damages will be limited to pain and suffering. In fact from the evidence it appears that the plaintiff had fully recovered by about September or October 1971. I assess general damages at the sum of 5. With the special damages of $1,556 the total award is $6,056. 6. Upon the principles enunciated in Jefford v. Gee (C.A.) 1970 2 Q.B.D. at page 146 there will be interest on the special damages of $1,556 at the rate of 4% from the date of the accident the 10th March 1971 until today and at 8% on the general damages of $4,500 from the date of service of the writ which was the 18th October 1973. Costs to the Plaintiff on Scale V of the District Court Civil Procedure (Costs) Rules. 7. Dated this the 27th day of June, 1974.
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