Tsui Shiu v. Choi Chun-fung and Another
Read the full judgment text of HCA 703/1976 on BabelCite. This High Court CFI judgment.
1. This is an assessment of the Plaintiff's damages under the Fatal Accidents Ordinance, Cap. 22 and the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23 arising as a result of the death of the death of the Plaintiff's husband which occurred on the 19th May, 1973. On that date at 11.30 a.m. the deceased was seated on top of a load of goods which were on the rear tray of a goods vehicle travelling along Pokfulam Road. As the vehicle reached the intersection of Victoria Road the goods f
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HCA000703/1976
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar O'Dea in Chambers. Date of Judgment: 26th April 1977. Mr. C.A. White of the Legal Aid Dept. appeared for the Plaintiff. No appearance entered by either Defendant. ----------------- DECISION ----------------- 1. This is an assessment of the Plaintiff's damages under the Fatal Accidents Ordinance, Cap. 22 and the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23 arising as a result of the death of the death of the Plaintiff's husband which occurred on the 19th May, 1973. On that date at 11.30 a.m. the deceased was seated on top of a load of goods which were on the rear tray of a goods vehicle travelling along Pokfulam Road. As the vehicle reached the intersection of Victoria Road the goods fell to the road causing the deceased also to fall. He thereby received injuries which resulted in his death the same day. 2. The Plaintiff is the administratrix of the estate of the deceased and Letters of Administration were granted to her on the 9th day of September 1975. 3. Interlocutory judgment was entered against the 1st Defendant on the 23rd November 1976 and against the 2nd Defendant on the 3rd February 1977 for damages to be assessed. 4. Dependency has been claimed on behalf of the following persons:
5. The deceased was aged 53 at the date of his death and was employed as a coolie earning $1,500 per month. Out of this sum he contributed $900 per month to the Plaintiff for household and family expenses. He took his evening meals at home every day but obtained his other meals outside and paid for them out of his own money. The Plaintiff gave evidence that out of the $900 per month provided for living expenses she would have spent $200 on the deceased. I consider that it would not be unreasonable to assess the dependency at date of death as $700 per month. 6. The Secretary of the Godown and Wharf Labourer's Union, Mr. WONG Yu-chung, gave evidence that while the average monthly income of a coolie would be about $1,500 per month in 1973 it had risen to $2,000 per month in 1976 and should continue to rise at a similar rate in the future. The Plaintiff gave evidence and I accept the fact that as the deceased's income increased so did his contribution to her for household and living expenses. 7. It would be most unrealistic not to take these increases into account and I propose to assess dependency at the rate of $700 per month between the date of the deceased's death up to the 19th May, 1976 and at $900 per month thereafter. 8. In determining the multiplier to be adopted in this case I noted the evidence of Mr. Wong Yu-chung that coolies will normally continue to earn normal incomes until the age of 65 and thereafter a decreasing income until the age of 70. In deciding on a multiplier of 11, I have taken into account inter alia the age of the deceased, an appropriate discount for a lump sum payment and to uncertainties. 9. On the basis of the above I calculate General Damages as follows: ($700 x 12 x 3) or $25,200. ($900 x 12 x 8) or $86,400. 10. Evidence was also given by the Plaintiff that the deceased remitted an additional sum of $80 per month to his mother-in-law WONG Leung-ming who would have been aged 66 approximately at the date of his death. I will adopt a multiplier of 6 and award $5,760 ($80 x 12 x 6) under this head. 11. Total General Damages awarded therefore amount to $117,360. 12. The Plaintiff also claims special damages of $4,000 for funeral expenses but was unable to produce any bills or accounts to support this claim. I noted that many previous claims for funeral expenses which were supported by itemized accounts varied between $2,000 and $3,500. I consider a fair award would be $3,000. 13. Damages for loss of expectation of life under the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23 will be assessed at $9,000 which will merge with the damages awarded under the Fatal Accidents Ordinance. 14. The General Damages of $117,360 will be apportioned as follows:-
15. The Plaintiff is entitled to the costs of the assessment and the action to be taxed in accordance with the Legal Aid Regulations. 16. Dated this 26th day of April 1977.
Representation: Mr. C.A. White of the Legal Aid Dept. appeared for the Plaintiff. No appearance entered by either Defendant. |