Tam Choi Fu v. Li Kwok Chung

DCCJ1012/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1012 OF 2004

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BETWEEN

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Coram: H H Judge H C Wong in Court

Date of Hearing: 24 November 2004

Date of Delivery of Judgment: 24 November 2004

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ASSESSMENT OF DAMAGES

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1.The plaintiff claims against the defendant for damages and loss suffered as a result of a traffic accident that took place on 30 November 2002 at Gloucester Road, Hong Kong. 

2.The plaintiff is the owner of a taxi, registration number GS 9982, and it is hired out to the driver, Mr Au.  The defendant was the driver of taxi number FV 7058.  At the time of the accident FV 7058 was driven by the defendant. 

3.The defendant was convicted of careless driving in respect of the accident on 30 November 2002 at the Western Magistracy on 15 August 2003 under case number WSS4816/2003.  He was fined the sum of $800.

4.The defendant in the present action failed to file a defence or witness statement or a list of documents.  He is absent today. 

5.As a result of the collision, it is the evidence of the plaintiff, Madam Tam Choi-fu, the collision was caused by the careless driving of the defendant. 

6.The plaintiff’s taxi suffered extensive damage, including damage to the bumper cover, the bumper reinforcement, front bonnet, the near-side front fender, etc., etc.  These damages have been confirmed in the Motor Vehicle Survey Report dated 3 December 2002, conducted by Lau Ming Motor Survey Company at the instruction of the plaintiff’s insurers, Target Insurance Company.  The report was dated 3 December 2002.

7.The plaintiff obtained a quotation from a garage, Many Motors Services Centre.  The insurance company surveyor, Lau Ming Motor Survey, assessed the repair costs of Many Motors and accepted the repair costs to be $65,000.  The plaintiff’s taxi was subsequently repaired by Many Motors in 12 day and the plaintiff and her insurance company paid a total of $65,000.

8.I am satisfied that the plaintiff’s taxi was damaged by the accident and the sum of $65,000 was the repair costs.  I am also satisfied that she had rented out under a contract to the day and night shift drivers at $350 per shift. 

9.I accept Miss Tam’s evidence and found that the following items of costs should be borne by the defendant:  repair costs at $65,000; survey fee of $750; search fee $45; loss of use for 12 days at $700, total $8,400.  A total award for the damage and loss caused by the defendant is $74,195, and I give judgment to the plaintiff this sum.

Interest

10.The interest I shall grant is half judgment rate from date of accident to the date of judgment, thereafter at judgment rate until full payment.

Costs

11.Costs to the plaintiff be borne by the defendant, to be taxed if not agreed.