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Yip Pak Wai and Another v. Yip Pak Wing

Read the full judgment text of DCEC 859/1999 on BabelCite. This District Court judgment was delivered on 21 October 2003.

1. I accept the evidence which was deposed by the deceased. However, I accept that the average income of the deceased was $8,300. So under section 9, compensation assessed at:

Case No.DCEC 859/1999
Court
District Court
Date21 Oct 2003
Judge—
Case Document
100%Judiciary

DCEC000859/1999

DCEC859/1999

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 859 OF 1999

BETWEEN
Yip Pak-wai,deceased 1st Applicant
and
Yip Pak-wing,
the personal representative
and intended administrator for the estate of
Yip Pak-wai,deceased		 2nd Applicant
AND
Ma Kwai-suen
trading as Lung Ma Transp. Co.		 Respondent

Coram: H H Judge Wong in Court

Date of Judgment: 21 October 2003

_____________________________

J U D G M E N T

_____________________________

1.I accept the evidence which was deposed by the deceased. However, I accept that the average income of the deceased was $8,300. So under section 9, compensation assessed at:

$8,300 x 29% x 96 = 231,072

Under section 10:

$8,300 x 4/5 x 24 = 159,360

2.Medical expenses under 10A is 12,244.00. The total amount of compensation is:

231,072 + 159,360 + 12,244 = $402,676

Interest at 2% per annum from 17 October 1998 to 21 October 2003, $40,377.92.

3.Order:

Damages assessed at $402,676.00

Interests are assessed at $40,377.92

4.Costs to the applicants. Applicants' own costs to be taxed in accordance with Legal Aid Regulations.

5.Costs of the hearing on 6 August 2002 to the applicants. Applicants' own costs to be taxed in accordance with Legal Aid Regulations.

H H Judge Wong
District Court Judge

Representation:

Present: Mr S K Li, Ernest, of Messrs Lily Fenn & Partners, assigned by the Legal Aid Department, for the Applicants

Mr Ma Kwai-suen, trading as Lung Ma Transp. Co., Respondent, in Person (Absent)