Yeung Wai Chun v. Tam Wing and Another
Read the full judgment text of HCA 1565/1969 on BabelCite. This High Court CFI judgment.
1. This is an assessment for damages under Order 37 of the Rules of the Supreme Court pursuant to the Judgment of the Hon. Mr. Justice Huggins dated the 30th May, 1970. The Plaintiff, an infant female born on the 10th June 1953 suffered personal injuries as a result of a road traffic accident that occurred on the 19th November 1967 when she was aged 14. Judgment by default was entered against both defendants on the 30th May 1970 for damages to be assessed with interest at the rate of 8% per annu
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HCA001565/1969 IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION ACTION NO. 1565 OF 1969 -----------------
----------------- Coram: Mr. B.L. Jones, Assistant Registrar in Chambers. Date of Judgment: 15th April, 1971. ----------------- DECISION ----------------- 1. This is an assessment for damages under Order 37 of the Rules of the Supreme Court pursuant to the Judgment of the Hon. Mr. Justice Huggins dated the 30th May, 1970. The Plaintiff, an infant female born on the 10th June 1953 suffered personal injuries as a result of a road traffic accident that occurred on the 19th November 1967 when she was aged 14. Judgment by default was entered against both defendants on the 30th May 1970 for damages to be assessed with interest at the rate of 8% per annum from the 19th November 1967 and costs to be taxed. 2. Both defendants appeared in person upon the hearing of the assessment but did not cross-examine the Plaintiff or her witnesses. 3. On the date of the accident the Plaintiff was walking in the area of the Wah Fu Estate, Aberdeen, when she was knocked down by a lorry owned by the 2nd defendant and driven by the 1st defendant. 4. As a result of the accident the Plaintiff suffered severe personal injuries that included a fracture of the right tibia and fibula, multiple fractures of the left maxilla, left zygoma and zygomatic arch loss of six front teeth which were permanent teeth and multiple lacerations to the face and tongue. The Plaintiff was admitted to hospital on the date of the accident and attended hospital for dental treatment for over six months. The Plaintiff received a denture to replace the lost six teeth in July 1968 which cost $12. 5. Dr. Fung, the senior dental officer of the Queen Mary Hospital expressed in his opinion that the Plaintiff had made a good recovery. He said that there should be no interference in the function of the jaw or the movement of the mandible. 6. A report of an assessment board convened at the Queen Mary Hospital showed that the fracture of the right tibia and fibula had completely united and there had been no loss of function of the right leg. However, the report stated that the residual scarring on the face with the deformity and disfigurement of the circum-orbital region would be permanent. 7. Dr. I.H. Nicholson, a specialist in plastic surgery examined the Plaintiff on the 23rd September 1970 and produced a report of the same date. In his summary Dr. Nicholson said that the Plaintiff's facial disfigurement would be noticeable to a lay person. These disfigurements in his opinion have reached their maximum degree of natural improvement and no further change can be expected. However the infected tear sac in the right eye may require an operation at a later date. 8. Dr. Nicholson expressed the view that plastic surgery would lead to a moderate degree of improvement but there would always remain sufficient scars noticeable by a lay person. This condition could be improved by covering the residual scars with make-up but they could not be concealed entirely. If the operation to the eye was not carried out the Plaintiff might suffer a recurrent infection in the eye and she could get an abscess in the sac if it is blocked. 9. Dr. Nicholson said that the cost for an operation for surgery would be $2,500 and $1,200 for hospital and anaesthetic expenses. If the Plaintiff undertook the operation Dr. Nicholson anticipates that there should be an improvement of approximately 60%. Dr. Nicholson said that with regard to the infected tear sac this should be dealt with before any cosmetic surgery is performed. The approximate cost of this operation would be $1,500 plus hospital and anaesthetic expenses. 10. The Plaintiff said she attended a Chinese herbalist after she was discharged from hospital and incurred his medical fees. However no evidence was called to show either the treatment that was performed or that it was in fact necessary. Accordingly this expense cannot be recovered. 11. The Plaintiff who is still a student at school lost half a term's schooling. The Plaintiff now wears glasses to conceal some of the scars on her face whilst she wears her hair down over her forehead for the same reason. Naturally she is very self-conscious of the disfigurement that she has suffered. 12. I shall award the sum of $162 in respect of special damages being $150 for medical expenses and $12 the cost of the denture. 13. Taking all matters into consideration including an allowance for the cost of the operations referred to by Dr. Nicholson I shall award the sum of $21,500 as damages inclusive of the special damages. This sum will be invested by the Registrar as he thinks fit. 14. The Plaintiff's costs of and incidental to this application will be paid by the defendants and there will be taxation of the Plaintiff's costs in accordance with the Legal Aid (Scale of Fees) Hegulations. 15. Dated this the 15th day of April, 1971.
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