Lee Chung and Another v. Pang Lap Hung and Another

HCA002764/1985

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

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Coram: Master Suttill in Chambers

Date of Hearing: 9 October 1985

Date of Delivery: 6 November 1985

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ASSESSMENT OF DAMAGES

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1. The 1st Plaintiff is a taxi driver who owns his own taxi. The 2nd Plaintiff is a person who rents the taxi from the 1st Plaintiff for the night shifts.

2. On the 16th March 1984 at about 9.15 p.m. the 1st Plaintiff was driving the taxi on Tai Po Road when a private car CX9739, negligently driven by the 2nd Defendant, collided with the taxi damaging it and injuring the 1st Plaintiff. The 1st Defendant is the owner of CX9739 and the 2nd Defendant is his brother.

Default judgment was entered against both Defendants.

Special damages are claimed by the 1st Plaintiff as follows:-

3. Items 1-5 above are amply supported by documentation in the hearsay notice and the Defendants have put forward no challenge thereto.

4. I am satisfied that those items of special damages ought to be allowed to the 1st Plaintiff and I make an award accordingly.

5. A further item of special damages is also claimed - Bone setters fees of $4,250.00.

6. It appears that this amount is broken down as follows:-

7. The nature of the treatment received by the 1st Plaintiff in respect of (a) & (b) above is not reveal by the invoices. His testimony before me was also silent on the subject. That being the case I am in no position to say whether such treatment was necessary or the expense reasonably incurred. Item (c) however was fully documented. Damages for expenses incurred for traditional medication are now not unusual and require little justification.

8. I will allow therefore an additional $1,000 special damages. The total of special damages for the 1st Plaintiff is accordingly $56,937.04.

9. General damages for 1st Plaintiff.

10. The 1st Plaintiff was admitted to hospital immediately following the accident. He was unconscious after the accident and regained consciousness immediately upon admission. He was fully alert and conscious when examined by Dr. Leung. He had a 1 cm. cut over his forehead and his left shoulder was tender. He was discharged 2 days later but attended the Neurosurgical Unit for a further month in order to detect any post-conscussional syndrome, should one develop. None did develop and the 1st Plaintiff is to all intents and purposes returned to the health he enjoyed before the accident.

11. I was referred to a number of authorities which indicated that a nominal award for pain suffering and loss of amenities was customary in these circumstances. I can see no reason why I should not adopt that approach in this case and I award the sum of $4,000.00 therefor.

Summary - 1st Plaintiff -

The 2nd Plaintiff

12. He did not attend the assessment. The evidence led to justify his claim for special damages of $8,520.00 was hearsay and accordingly not admissable. I accordingly make no award in his favour.

13. The 1st and 2nd Plaintiffs shall have their costs to be taxed. There will be a certificate for counsel.

Interest

14. There will be interest on the general damages at the rate of 2% from the date of the writ until date of judgment and on the special damages at the rate of 4% from the date of the accident to the date of judgment.

Representation:

Miss Chainvai instructed by Hoosenally & Neo for Plaintiff

Defendants appeared in person