Richard T'Sing and Another v. Wong Pui and Another

Case No.HCA 1237/1971

Court

High Court CFI

Date—

Judge—

Case Document

100%Judiciary

HCA001237/1971

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 1237 OF 1971

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BETWEEN
	RICHARD T'SING	1st Plaintiff
	CHOW HO-CHUN	2nd Plaintiff
	and
	WONG PUI	1st Defendant
	TSE MAN-WAH	2nd Defendant

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

Date of Judgment: 30th day of November, 1971.

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DECISION

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1. This is an application for assessment of damages in respect of an Order dated the 6th October, 1971.

2. The two plaintiffs who are husband and wife suffered personal injuries in a road traffic accident that occurred on the 25th January 1970 when the motor car in which they were travelling was involved in a collision with a motor car owned by the 1st defendant and driven by the 2nd defendant.

3. As a result of the accident the husband who is now aged 57 suffered abrasions on his forehead, right eyebrow and both knees. He has made a full recovery from the injuries that he received.

The wife's injuries were far more serious for she suffered a fractured lower end of the right femur which has resulted in the right leg being
7	" shorter than the left and makes it necessary for her to walk with the aid of a stick. The wife who is now aged 54 has a permanent limp and
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her movement of the right knee has been considerable reduced. The flexion of the knee is now not more than 80^o as against normal flexion of 150^o. Further there will be a permanent post traumatic arthritis of the knee. In a medical report dated the 6th November 1970 Dr. Y.F. Lo of the Queen Elizabeth Hospital stated that no further recovery can be expected whilst Dr. Wedderburn in his report of the 13th March 1971 estimates that the wife's permanent disability at 15%.

4. The wife was in hospital from the date of the accident until the 12th July 1970 and during the first 9 weeks her right leg was immobile on a frame and under traction. After this period of 9 weeks she had to remain still in bed for a further 14 days and from mid April 1970 until the date of her discharge she underwent therapy treatment. The wife is now only able to walk with the aid of a stick for very short distances and after walking she says that she feels soreness above her right knee. In addition she is only able to stand for short periods for the same reason. She is unable to pick things up from the ground without squatting on the floor. The wife further complained of dizziness and that her eye sight is not very good. The wife is unable to go to the market or to the shops, which duties are now performed by her servant and when she does go out she is always accompanied.

5. From 1962 until the date of the accident the plaintiffs did not employ a servant and during this period the wife did all the house work apart from the heavier jobs of polishing the floors and cleaning the windows. However, as a result of the injuries received by the wife the plaintiffs have had to employ a servant which they would not otherwise have done. The wife is now unable to drive and this has caused inconvenience to the husband whom she used to drive to work before the accident. The wife's social activities have been seriously curtailed for she is unable to attend cocktail parties, dances, etc.

6. The defendants have agreed two items of special damage set out in the statement of claim viz. the cost of medical treatment at the Queen Elizabeth Hospital for the wife of $704.00 and miscellaneous hospital fees at the Queen Elizabeth Hospital for physiotherapy amounting to $800 and a further sum of $100 in respect of fees paid to the Hong Kong Government for medical reports. The total special damages agreed therefore amounts to $1,604. The other items of special damage relating to private food totalling $3,000.00, the claim for the employment of an amah at $500 plus $200 per month in respect of board and lodging and the medical fees incurred by the husband to Dr. B.K. Chu amounting to $1,820 have been disputed by the defendants.

7. The medical fees paid by the husband to Dr. B.K. Chu were in respect of consultations, X-rays and treatment for the injuries suffered. It was suggested by Mr. Slack for the defendants that these fees had been unnecessarily incurred in view of the fact that the injuries were only minor. However, I am of the opinion that the husband was justified in incurring these fees which I consider reasonable and they will be allowed.

8. The claim for private food bought by the husband to supplement the food that the wife received in hospital cannot be allowed as an item of special damage for no evidence was produced that it was necessary nor was it in dispute that it was not prescribed on medical advice.

9. I accept that as a result of the accident it has been necessary for the plaintiffs to employ an amah and I shall allow an amount for this claim. I regard the figure of $700 per month as too high and for the period from the date of the accident until to-day I shall award the sum of $11,000.00 being 22 months at $500 per month. The total special damages will therefore amount to $14,424.

10. With regard to general damages it is conceded that the husband's injuries were only minor and having regard to all the circumstances I shall award him the sum of $3,000.

11. On the other hand the wife has undoubtedly sustained severe personal injuries as a result of the accident and she will continue to suffer permanent disability in the future. In respect of her injuries, pain and suffering, loss of amenities and including a figure for the prospective loss incurred for the hire of a servant I shall award the sum of $45,000 as general damages.

12. Costs of this application will be awarded to the plaintiffs.

13. Dated this the 30th day of November, 1971..

	(B.L. Jones)
	Assistant Registrar

Representation: