Liu Shiu Keung t/a Keung Kee Transportation Co v. Wong Bing Seng and Another
Read the full judgment text of HCA 2069/1974 on BabelCite. This High Court CFI judgment.
1. Mr. Wong Choi, a private bus driver, died on the 18th June, 1975, in a somewhat unusual accident when a piece of wood which came from the offside bodywork of a vehicle, owned by the 1st defendant and driven by the 2nd defendant, pierced the front windscreen of the deceased's car causing injuries. He was dead on admission to hospital.
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HCA002069/1974 IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION ACTION NO. 2069 OF 1974 and ACTION NO. 140 OF 1975 (Consolidated pursuant to an Order of the Court dated 8th May 1975) -----------------
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----------------- Coram: Mr. Registrar Silke in Chambers. Date of Judgment:1st September, 1975. Messrs. H.H. Lau & Co., Solicitors for the Plaintiff in O.J. No. 2069/74. Mr. H.Y. Leung, Counsel instructed by Messrs. K.B. Chau & Co., Solicitors for the Plaintiffs in O.J. No. 140/75. Messrs. Peter Mark & Co., Solicitors for the 1st and 2nd Defendants in both actions. --------------------------------------------------- ASSESSMENT OF DAMAGES --------------------------------------------------- 1. Mr. Wong Choi, a private bus driver, died on the 18th June, 1975, in a somewhat unusual accident when a piece of wood which came from the offside bodywork of a vehicle, owned by the 1st defendant and driven by the 2nd defendant, pierced the front windscreen of the deceased's car causing injuries. He was dead on admission to hospital. 2. The plaintiffs in O.J. Action No. 140/75 are YIP Lan and YIP Kam Ching, administrators of the deceased's estate. 3. In a consolidated action, O.J. 2069/74, the plaintiff was LIU Shiu Keung trading as Keung Kee Transportation Co., and in both actions the defendants are WONG Bing Seng and CHIU Kam Cheung. 4. I am here concerned only with O.J. 140/75, where in the claim is brought under the Law Amendment and Reform (Consolidation) Ordinance and the Fatal Accidents Ordinance. In both actions interlocutory judgment for damages to be assessed was entered on the 21st July, 1975. In respect of O.J. 2069/74, which was a suit by the employer of the deceased to recover a sum paid in respect of Workmen's Compensation, a compromise was reached. There is reference to the sum paid over as Workmen's Compensation, which sum will eventually fall to be deducted from the award to be made in this assessment. 5. Dealing with damages under the Law Amendment and Reform (Consolidation) Ordinance, funeral expenses were agreed at $3,155.00. Following O.J. 2779/74 LAU Hon Wah and LAU Chuk Chuk Hing v. Jim Pak Chung Percival (unreported - 28th July, 1975), I would award for loss of expectation of life the sum of $10,000. 6. I have no evidence as to pain and suffering there will be no award under this head. 7. Therefore I assess damages under this head of claim at $13,155. 8. There is further sum of special damage of $50 damage to deceased's clothing which is agreed. 9. Under the Fatal Accidents Ordinance the claim is brought on behalf of Madam YIP Lan, widow of the deceased, aged 41; Wong Siu Hoi, son of the deceased, aged 17; WONG Siu Sheung, son of the deceased, aged 15 and WONG Yee Mei, daughter of the deceased, aged 7. Their ages are now 43, 19, 17 and 9 respectively. 10. Mr. WONG Choi had been in employment for some years as a private bus driver for Keung Kee Transportation Company and in June 1973 received a wage, including overtime, of $1,020 per month. He was healthy and there was no obvious reason as to why this employment should not have continued. 11. As well as the salary he also received tips. There was some dispute on the actual amount and it was suggested by Mr. Gilman of Peter Mark & Co. who appeared for the defendants that there was no evidence on this point. But a fellow driver Mr. MAK Ying Moon told me he received $200-300 per month in tips on the average and that he thought the deceased to get more as the deceased drove a better bus and went more often on picnic journeys. I accept on the evidence available the figure of $200 per month as the average amount of tips received by Mr. WONG Choi. 12. Of his salary he gave $900 per month to his wife. She paid the rent $55 per month in 1973, electricity $30 per month and school fees which came to $40 per month for Siu Hoi, $30 per month for Siu Sheung and $8 per month for Yee Mei. Mr. WONG Choi had one meal a day at home. 13. I would accept the figure suggested by Mr. H.Y. Leung who, instructed by K.B. Chau and Co., appeared for the plaintiffs, of $700 per month dependancy. 14. As to the multiplier the deceased was aged 46 and, as I have said, in good health. Mr. Leung drew my attention to O.J. 1621/73 HO Chung v. TAM Po Chu and TAM Kwan Ming (4th January, 1974 - unreported) where I allowed a multiplier of 11 for a woman of 40; also to CHEUNG Wo and others v. LEE Voon Sang trading as Wing Cheung Co. [1965] H.K.L.R. p. 799 where Scholes, J. allowed a multiplier of 13 for a coolie aged 44 (The "3rd case"). 15. In coming to the multiplier in this case I have in mind that which Pickering, J. had to say in O.J. Action 1489/73 WONG Tak Hing v. Tai Sang Industrial Co., Ltd. (3rd May, 1975 - unreported):-
16. I intend to use a multiplier of 14 and in so doing make all the allowance necessary for the vicissitudes of life as a private bus driver, the imponderables and the variations in the value of money and without making deduction on the lump sum resulting. 17. The equation will be $700 x 12 x 14 or $117,600. 18. The eldest son is now at work and earning $500 per month of which he contributes $300 to the family income. 19. The second son is an apprentice earning $120 per month. 20. The daughter is still at school. 21. I would apportion the lump sum as follows:-
22. This may appear a somewhat complicated method but I cannot come to actual figures until I know the full amount of Workmen's Compensation which lies to be deducted from the lump sum of $117,600. 23. There will be an award under the Law Amendment and Reform (Consolidation) Ordinance of $10,000, which will merge with the general award, and of $3,155 funeral expenses and $50 loss of clothing. 24. On the sum of $3,205 there will be interest, following Jefford v. Gee, at the rate of 4% from 18th June, 1973 until today. 25. Under the Fatal Accidents Ordinance there will be an award of $117,600 from which the Workmen's Compensation paid lies to be deducted. Upon the final sum there will be interest at the rate of 8% from the 15th January, 1975 - the date of the writ - to today. 26. The plaintiff is entitled to his costs of the assessment and of the action. The plaintiff's costs to be taxed under Legal Aid Regulations. 27. Certify fit for Counsel. 28. I shall hear the parties as to the final amount of the Fatal Accidents Award and that which is to be done with the children's share.
Representation: Messrs. H.H. Lau & Co., Solicitors for the Plaintiff in O.J. No. 2069/74. Mr. H.Y. Leung, Counsel instructed by Messrs. K.B. Chau & Co., Solicitors for the Plaintiffs in O.J. No. 140/75. Messrs. Peter Mark & Co., Solicitors for the 1st and 2nd Defendants in both actions. |