Madam Chan Yee Man v. Chow Wai Bun and Another

HCA003181/1978

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar Barrington-Jones in Chambers.

Date of Judgment: 11 August 1979

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ASSESSMENT OF DAMAGES

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1. This is an assessment of damages resulting from the death of deceased who died on the 18th June, 1977 as a result of injuries he received whilst travelling in a motor car which was owned by the First defendant and driven by the Second defendant.

2. Interlocutory judgment was entered against the defendants on the 4th June, 1979, with damages to be assessed.

3. Dependancy was claimed for the following:-

4. At the date of her husband's death, the plaintiff was a housewife living in a flat with her parents-in-law and two children. The plaintiff told me that she now earns odd fees whilst giving tuition to school children but that this income was uncertain and occasional. This evidence is not in accord with the Statement of Claim which recites that the plaintiff works as a substitute teacher earning about $1,040.00 per month. The flat in which the family live is being purchased by the family by way of mortgage payments in the sum of $1,040.05 per month, and I am satisfied that the deceased before his death provided this sum from his own income. I am further satisfied that the deceased's elderly parents do not have any earnings. Clearly it is the plaintiff who is now making these payments.

5. The deceased was a commercial artist who worked on a piece-work basis, and I find on the evidence that he earned on average $2,000.00 per month. I am satisfied that the deceased's mother held the purse strings, and that the deceased paid over nearly all that he earned to her and that she, in turn, paid the instalments on the mortgage, and provided food and services for the family in their flat. I am further persuaded that the deceased took one or two meals per day with the family. I am satisfied that until his death the deceased was the sole breadwinner for the family.

6. Mr. Campbell has urged upon me that the appropriate multiplier here should be 15, and in this connection I note that the deceased was 27 years old when he died, and could have looked forward to at least some 28 years of working life.

7. There is no claim for loss of consortium.

8. Taking $2,000.00 as the deceased's average monthly income and deducting a proportional element in respect of payment of mortgage instalments, as well as a provision for the deceased's food, use of flat facilities etc., I would say that these would amount to about $1,225.00 per month.

9. Accordingly adopting a multiplier of 15, damages under the Fatal Accidents Ordinance are assessed, as follows:-

10. The conventional award under the Law Amendment and Reform (Consolidation) Ordinance is currently $10,000.00 and this will, of course merge with the damages assessed under the Fatal Accidents Ordinance.

11. The only claim for special damages related to funeral expenses and these have been vouched for in the sum of $6,036.20, and are allowed.

12. As to interest I follow Pickett's case and Mr. Registrar Barnett in 1978 No. 1714 Lui Kwong-kam (administrator of the estate of LEE LAN deceased) and Yeung Fat Construction Co., (a firm) and The Attorney General, and award interest on the special damages at the rate of 4% from the date of the accident, and at 7% on the general damages from the date of service of the writ.

13. Of the sum awarded under general damages, $55,125 is to be paid into Court and invested by the Registrar on the usual terms on behalf of the plaintiff's two children. (Hui Yuk-ming: $33,075.00 and Hui Yuk-fung: $22,050.00).

14. The plaintiff is to have costs with a certificate for Counsel. The costs are to be taxed under the Legal Aid Regulations.

15. Date this 11th day of August, 1979.

Representation:

Mr. J.D. Campbell of D.L.A. for Plaintiff.

1st Defendant in person.

2nd Defendant in person.