Lai Jin and Others v. Fok Chit and Another
Read the full judgment text of HCA 721/1978 on BabelCite. This High Court CFI judgment was delivered on 3 November 1978.
1. On 27th January 1976 Kwong Si Hung, now deceased, was driving a private vehicle bearing the registration number AU2791 along Kwai Chung Road from the New Territories in the direction of Kowloon when it was involved in a traffic accident with a goods vehicle bearing the registration number BC784 driven by the 2nd Defendant, the servant or agent of the 1st Defendant along the said road in the opposite direction. The said Kwong Si Hung sustained severe injuries from which he died on the spot. Th
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HCA000721/1978
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar Cameron in Chambers. Date of Judgment: 3rd November 1978. Mr. H.L. Wong, Counsel, instructed by Messrs. Hastings & Co. Solicitors for the Plaintiffs. Mr. Wilson, Solicitor of Messrs. Johnson, Stokes & Master, Solicitors for the Defendants. ----------------- DECISION ----------------- 1. On 27th January 1976 Kwong Si Hung, now deceased, was driving a private vehicle bearing the registration number AU2791 along Kwai Chung Road from the New Territories in the direction of Kowloon when it was involved in a traffic accident with a goods vehicle bearing the registration number BC784 driven by the 2nd Defendant, the servant or agent of the 1st Defendant along the said road in the opposite direction. The said Kwong Si Hung sustained severe injuries from which he died on the spot. The 2nd and 3rd Plaintiffs were passengers in the said private vehicle at the time of the collision and in consequence thereof both sustained injuries. 2. Interlocutory Judgment for the Plaintiffs was entered by consent against the Defendants on 16th May 1978 for damages to be assessed. FIRST PLAINTIFF 3. The 1st Plaintiff in this action is the mother and Administratrix of the Estate of the deceased Kwong Si Hung, Letters of Administration having been granted to her on 1st September 1977. 4. Damages are claimed under the Law Amendment and Reform (Consolidation) Ordinance Cap. 23 for the benefit of the estate of the deceased, Kwong Si Hung, and under the Fatal Accidents Ordinance Cap. 22 on behalf of the 1st Plaintiff. (A) DAMAGES UNDER THE FATAL ACCIDENTS ORDINANCE CAP. 22 5. The deceased, Kwong Si Hung, was aged about 28 at the date of his death. Prior to his death he was employed as a driver earning $1,000 per month. He was unmarried and lived with his mother, aged 62, the 1st Plaintiff, who in evidence stated that she received $800 per month from the deceased for household and personal expenses. The 1st Plaintiff gave evidence that out of the $800 per month she received she spent $200 on food for the deceased. Having regard to this and the other evidence I heard on the issue of dependency I consider that it would not be unreasonable to assess the dependency at $500 per month. 6. To assist me in deciding on an appropriate multiplier both Mr. Wong, Counsel for the Plaintiffs and Mr. Wilson for the Defendants referred to previous decisions. Mr. Wong suggested that I apply a multiplier of 7 whereas Mr. Wilson considered that a multiplier of 5 or even 4 would be proper in all the circumstances. In deciding that the multiplier should be 6 I have taken into account the evidence before me and the submissions of Mr. Wong and Mr. Wilson. 7. I would therefore award General Damages of $36,000 ($500 x 12 x 6). 8. To this sum is to be added agreed Special Damages of $4,550. 9. The total award for General and Special Damages is therefore $40,550. (B) DAMAGES UNDER THE LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE CAP.23 10. I assess damages under this head in the sum of $10,000 which will merge with the damages awarded under the Fatal Accidents Ordinance Cap. 22. SECOND PLAINTIFF 11. Kwong Kau was aged 39 at the date of the accident. Apart from minor lacerations and abrasions he suffered a 1" lacerated wound over the left lateral margin of the lip of the tongue so that a portion of the tongue was practically severed. This portion of his tongue was removed and he is now left with a shortened tongue. Dr. Ong, who gave evidence on his behalf, stated that as a result of the amputation there would be some impairment of the movement of the tongue; some impairment of taste and some impairment of articulation. She, however, did not consider that the impairments were too serious as, in her opinion, a person would in time adapt to having a shortened tongue. She was also of the opinion that the taste buds remaining would in time compensate for those lost by the amputation of a portion of the tongue. The 2nd Plaintiff was discharged from hospital on 3rd February 1976. Kwong Kau in evidence exaggerated the effects of his injuries. His articulation was clear and he obviously had adapted to his shortened tongue. I do not accept that his loss of taste is as serious as he claimed. He stated that he was not able to return to work for 3 months. Dr. Ong thought that he should have been able to return to work some 2 to 3 weeks after his discharge from hospital. In addition he complained of chest pains but there was evidence that two chest X-rays were normal. The initial pain and discomfort from the injury to his tongue was fairly severe. I am satisfied that there would have been some pain and discomfort for several weeks and that some permanent inconvenience although minor has resulted. 12. Having regard to the evidence before me and the submissions of Mr. Wong and Mr. Wilson, I would assess General Damages at $7,500. 13. As regards Special Damages the following Special Damages were agreed:-
14. The 2nd Plaintiff also claimed for loss of earnings, bone-setter's fee and for special nutrition. 15. The evidence concerning loss of earnings was vague. I consider that the Plaintiff could have returned to work sooner than he said he did. I will award the sum of $1,200 being my estimate of his loss of earnings for one month. As is usual no receipts were produced in support of the claims for treatment from a bone-setter and nutritious food. I will, however, allow the sum of $50 in respect of the bone-setter's fees and $300 for nutritious food. 16. The total Special Damages are $715. THIRD PLAINTIFF 17. Leung Mei Ling was aged 23 at the time of the accident. She is the wife of the 2nd Plaintiff. She suffered massive abrasions over the face, a 2 ½" lacerated wound over the nose bridge and left face and bruising of the left hand. She was treated and discharged from hospital on 30th January 1976. 18. Despite the fact that the laceration over the nose bridge and left face was deep and required suturing no really obvious scar remains. A small but hardly noticeable scar was also seen on the right hand side of her face. 19. Having regard to the evidence before me and the submissions of Mr. Wong and Mr. Wilson I would assess General Damages at $2,000. 20. As regard Special Damages the following Special Damages were agreed.
21. I will allow $50 for treatment from a bone-setter and $150 for special nourishment. 22. The total Special Damages are $360. 23. Interest is allowed on the damages awarded in accordance with the principles in Cookson v. Knowles. 24. The Plaintiffs are entitled to the costs of the action and this assessment. There will be a Certificate for Counsel. 25. Dated the 3rd day of November 1978.
Representation: Mr. H.L. Wong, Counsel, instructed by Messrs. Hastings & Co. Solicitors for the Plaintiffs. Mr. Wilson, Solicitor of Messrs. Johnson, Stokes & Master, Solicitors for the Defendants. |