Law Kwan v. Cheng Shing Yui

HCA001921/1970

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 1921 OF 1970

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

Date of Judgment: 25th day of May, 1971.

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DECISION

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1. This is an assessment of damages pursuant to Order 37 rule 1 of the Rules of the Supreme Court.

2. A writ of summons was issued on the 20th November 1970 by the Plaintiff who claimed damages against the defendant for personal injuries sustained in a road traffic accident which occurred on the 7th June 1970 near the junction of North Street, Victoria, Hong Kong.

3. Substituted service of the writ was effected upon the defendant but no appearance was entered.

4. Judgment was obtained against the defendant in default on the 10th February 1971 for damages to be assessed and costs to be taxed.

5. An order for substituted service of the notice of appointment for the hearing of the assessment of damages was obtained but the defendant did not attend the hearing.

6. As a result of the accident the Plaintiff suffered from concussion and sustained a laceration of about 3 inches long on the scalp of the left parietal region, an abrasion of about 3 inches by 1 inch at the left side of the lower jaw, and fractures of the left 3rd to 9th ribs and right 3rd and 4th ribs. The Plaintiff was treated for her injuries at Queen Mary Hospital from where she was transferred to Lai Chi Kok Hospital for convalescence on the 8th July 1970. She was discharged from that hospital after about 20 days.

7. Dr. Chan Tit To who was a member of a Medical Board convened at the Queen Mary Hospital gave evidence and produced a medical report dated the 26th April 1971 which said that the Plaintiff's wounds had healed well and apart from a complaint of occasional dizziness when getting up in the morning, no physical permanent disability could be detected. The Plaintiff had some mild sluggish movement of her upper limbs but this has improved and permanent functional disability is not likely to be expected. The Plaintiff's dizzy condition was said to be due to a post concussion syndrome.

8. Dr. Chan said that the wounds suffered by the Plaintiff were serious ones but he is of the opinion that she has made a very satisfactory recovery from the injuries. Dr. Chan said in his opinion that the Plaintiff is now fit to work.

9. At the time of the accident the Plaintiff was employed by the Wah Chong Garment Factory as a cook earning $360 per month together with free board and lodging. She had worked for this firm for a period of one month before the accident. The Plaintiff has not worked since the accident. I agree with Mr. Tong, the Plaintiff's solicitor, that a reasonable figure for board and lodging would be the sum of $100 per month and I shall therefore assess the Plaintiff's loss of earnings including board and lodging at $460 per month.

10. The Plaintiff who is aged 65 is a widow with two sons and one daughter. She is living with her youngest son. She said that her health was good at the time of the accident. The Plaintiff complained in evidence that she cannot walk for long distances, cannot bend and still has pain in her arms and legs. Further she said that she cannot grip with her hands properly and also suffers from a cough. The Plaintiff disagreed with Dr. Chan's opinion that she is fit to work. However, having regard to the medical evidence that was given I am of the opinion that the Plaintiff was exaggerating her complaints. I accept Dr. Chan's evidence with the result that I shall calculate the Plaintiff's loss of earnings and board and lodging for a period of 11 months from the date of the accident which will make a total of $5,060.

11. The Plaintiff claims in addition the following special damages:- damaged clothing $30; shoes $14; travelling expenses for Plaintiff's son to visit her whilst in hospital $150; medical expenses $200; extra food $200 approximately; cost to replace a set of false teeth $280. I accept the evidence of the Plaintiff with regard to these items of special damage apart from the $200 for extra food which has not been established. The special damages therefore amount to $5,734.

12. With regard to general damages there is no permanent disability, but there is some slight residual disability. Accordingly general damages will be limited to pain and suffering and loss of amenities.

13. Taking all matters into consideration I shall award the sum of $5,000 as general damages. The total damages are therefore assessed at $10,734.

14. The costs of and incidental to this application for assessment will be paid by the defendant.

15. Dated this the 25th day of May, 1971.

Representation: