Tam Man Bok v. Lam Kin Kwong
Read the full judgment text of HCA 3801/1973 on BabelCite. This High Court CFI judgment.
1. This is an assessment of the Plaintiff's damages against the Defendant arising as a result of personal injuries which he received in a Road Traffic accident which occurred on 27/12/70. On that day at about 5.10 a.m. Plaintiff was crossing Lung Cheung Road near Block 2 of the Wongtaisin Low Cost Housing Estate. While on the crossing he was struck and knocked down by a motor cycle AG 370 owned and driven by Defendant.
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HCA003801/1973 IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION ACTION NO. 3801 OF 1973
Coram: Mr. Registrar Doyle in Chambers Date of Judgment: 23rd December 1974 ----------------- DECISION ----------------- 1. This is an assessment of the Plaintiff's damages against the Defendant arising as a result of personal injuries which he received in a Road Traffic accident which occurred on 27/12/70. On that day at about 5.10 a.m. Plaintiff was crossing Lung Cheung Road near Block 2 of the Wongtaisin Low Cost Housing Estate. While on the crossing he was struck and knocked down by a motor cycle AG 370 owned and driven by Defendant. 2. Interlocutory judgment for the Plaintiff against the Defendant for damages to be assessed and cost was entered by consent on 16/10/74. 3. Following the accident the Plaintiff was taken to Queen Elizabeth Hospital where he remained until his discharge on 2/1/71. 4. The Plaintiff's injuries are set out at para. 3 of the statement of claim. Para. 3(b)(iv) was withdrawn during the hearing by Mr. Eddis who appeared for Plaintiff. 5. The nature of the Plaintiff's injuries is admitted. Only the degree of severity is in question. 6. It is agreed that Plaintiff suffered loss of consciousness after the accident for a period of somewhat less than 5 hours. He suffered concussion, right frontal parietal laceration, depressed fracture of the right frontal region of the skull and contusion and laceration on left lower leg. He must have suffered shock and pain from these injuries. He had to undergo an operation for the depressed skull fracture. 7. He had some resultant pain in the left lower leg and a scar. There was some resultant dizziness and impairment of memory and a defect in the skull bone. 8. He was discharged from hospital after 6 days but he was not able to return to school for 6 months and had to keep up his study at home with the aid of his brother. 9. He seems to have made an almost complete recovery. His permanent disability has been assessed at only 1 ½% (Exh. P.4). The latest medical report expresses the view that he will be able to live a completely normal life and that his earning capacity will not be affected. 10. Bearing in mind all that has been put before me by counsel at the hearing I have come to the conclusion that a proper award for general damages would be $12,000. 11. Special damages have been agreed at $690 and I award special damages of $690. 12. The total award therefore is $12,690. 13. On the principles laid down in Gefford V Gee 1970, 2 QBD, I award Plaintiff interest on the special damages of $690 at the rate of 4% from the date of the accident until today and at 8% on the general damages of $12,000 from the date of service of the writ the 20th of December, 1973, until today. 14. The Plaintiff shall have the costs of this assessment with certificate for counsel. 15. The Plaintiff's costs shall be taxed under the Legal Aid (Scale of Fees) Regulations, Cap. 91. Dated this the 23rd day of December, 1974.
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