Yu Chuen v. Lam Hing

HCA000788/1971

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 788 OF 1971

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Coram: Mr. B.L. Jones, Assistant Registrar, in Chambers.

Date of Judgment: 20th October 1971

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DECISION

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1. This is an application for assessment of damages under Order 37 rule 1(1) of the Rules of the Supreme Court 1967 pursuant to an interlocutory judgment obtained in default of appearance on the 18th August 1971. The defendant was served by post with a copy of the notice of appointment but did not appear at the hearing.

2. The plaintiff who is now aged 42 claims damages for personal injuries and loss arising as a result of a road traffic accident that occurred on the 30th October 1969 when he was knocked down whilst crossing Boundary Street, Kowloon, by a motor car driven by the defendant.

3. As a result of the accident the plaintiff suffered the following injuries:

The plaintiff received treatment at the Kwong Wah Hospital where his fracture was reduced by open reduction and K nail fixation under general anaesthesia and he remained in hospital until the 14th November 1969 when he was transferred to a Medical Rehabilitation Centre. The plaintiff was discharged from the rehabilitation centre on the 17th December 1969. The plaintiff was in good health before the accident occurred.

4. The plaintiff has made a full recovery from the effects of the accident apart from the fact that he suffers numbness in his right thigh on rainy days and after he has been walking for long distance.

5. At the time of the accident the plaintiff was working as a casual transportation coolie earning about $100 per week and was away from work from the date of the accident until the 19th December 1969 when he became employed as a cleaner with the Ladies Recreation Club in Old Peak Road, Hong Kong. Although his earnings only mounted to $185 per month when he was first employed by the Club he received extra benefits in the nature of board and lodging and double pay at Chinese New Year. These benefits will compensate the plaintiff for any difference in his earnings as a coolie and those in his present employment. At the present time the plaintiff's earnings amount to $320 per month. There will therefore be no claim for future loss of earnings.

6. The claim for special damages amounts to $1,230 being 7 week' loss of wages at $100 per week, $30 in respect of damaged clothing and $500 in respect of nutritious food. I am satisfied that the claims for loss off earnings and damaged clothing are reasonable but I am not prepared to accept the claim for $500 for nutritious food as the plaintiff's aunt who paid this sum was not called to give evidence nor was any documentary evidence produced to justify this figure.

7. It is accepted that the plaintiff has made a full recovery from the injuries apart from the numbness already referred to, but there is a permanent scar on the right thigh about 8 inches in length and another measuring about 1 inch. The scars are of course not visible to other people when the plaintiff is wearing trousers, but they are nevertheless unsightly.

8. Having regard to all the circumstances of the case I shall award the sum of $3,500.00 as general damages which will be added to the special damages of $730.00. The total award of damages will therefore be $4,230.00.

9. I shall order the defendant to pay the plaintiff's costs to be taxed and there will be the usual taxation in accordance with the Legal Aid (Scale of Fees) Regulations Cap.91.

10. There will be a certificate for counsel.

11. Dated this the 20th day of October, 1971.

Representation: