BabelCite

Lam Sze and Another v. Ling Shum Ha and Another

Read the full judgment text of HCA 2083/1980 on BabelCite. This High Court CFI judgment was delivered on 13 August 1982.

1. On 22nd July 1979 Miss Leung Sei-ying, 23 years old, was waiting in a queue at North Point Bus Station. A bus driven by the 1st Defendant and owned by the 2nd Defendant drove into the queue and killed her. At the time of her death she was in steady factory employment earning an average of $1,300.00 per month. She lived with her family which consisted of her widowed mother the Plaintiff) aged 61, her brother, his wife and their two small children.

Case No.HCA 2083/1980
Court
High Court CFI
Date13 Aug 1982
Judge—
Case Document
100%Judiciary

HCA002083/1980

1980 No. 2083

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

___________

BETWEEN

LAM SZE (administratrix of the estate of LEUNG SET YING, deceased) Plaintiff

AND
LING SHUM HA 1st Defendant
CHINA MOTOR BUS CO. LTD. 2nd Defendant

Coram: Mr Registrar Julian Betts in Chambers

Date of Judgment: 13 August 1982

----------------------------------------

ASSESSMENT OF DAMAGES

----------------------------------------

1. On 22nd July 1979 Miss Leung Sei-ying, 23 years old, was waiting in a queue at North Point Bus Station. A bus driven by the 1st Defendant and owned by the 2nd Defendant drove into the queue and killed her. At the time of her death she was in steady factory employment earning an average of $1,300.00 per month. She lived with her family which consisted of her widowed mother the Plaintiff) aged 61, her brother, his wife and their two small children.

2. On the evidence I find no dependency for any of the family except the Plaintiff who could expect a measure of support from her daughter for the remainder of her days.

3. The deceased was unmarried and had no boyfriend.

4. Evidence was given that she handed her earnings to her mother, keeping about $200 each month for herself. Her mother paid all domestic expenses and banked what was saved. I find that after deduction of deceased's own maintenance her monthly savings were $600 and would have continued at much the same figure even though her earnings could reasonably be expected to have gave up.

5. I assess charges as follows:-

Under FAO

1. Loss of income, less maintenance to date of judgment is $600 × 36 = $21,500.

2. Loss of future dependency at the same monthly rate applying a multiplyer of 10 is $600 × 12 × 10=$72,000.

Under LARCO

3. Lash years in the total of 1 and 2 supra and comes to $93,500

4. Loss of expectation of life $15,000.

5. Agreed funeral expenses $8,500.

6. The award under FAO merges with and is extinguished by the LARCO award which is a total of $93,500 + $15,000 + $8,500 = $117,000.

7. There will be interest at the rate of 8.75% p.a. from the date of the accident to judgment. There will be costs to the Plaintiff with a certificate for counsel.

Dated the 13th August, 1982

(J. Betts)

Assistant Registrar

Representation:

Mr K.H. Suen instructed by D.L.A. for the Plaintiff

Mr E.C. Mumford instructed by Messrs Ngan & Co for the Defendants.