Lai Sun Cheung v. Chan Pei Tak and Another

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar Stapp in Chambers.

Date of Judgment: 8th December, 1976.

Mr. S.M. Henderson of the Legal Aid Dept. for the Plaintiff.

The 1st and 2nd Defendants in person.

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DECISION

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1. This is an assessment of damages under the Fatal Accidents Ordinance and the Law Amendment and Reform (Consolidation) Ordinance, arising from the death of the plaintiff's adopted son Lai Ming Fai, in a road accident which occurred on 1st April, 1973. The deceased was a passenger in a private car registered number AZ8902, owned by the 2nd defendant and driven by the 1st defendant, when it went out of control and crashed, causing injuries from which the deceased died on the same day.

2. Interlocutory judgment was entered on 17th day of September, 1976 for damages to be assessed.

3. Dependency was claimed only by the plaintiff, an adoptive father, Lai Sun Cheung, now aged 66.

4. At the time of death, the deceased was aged twenty, and apparently in good health. He was employed as a Constable in the Royal Hong Kong Police Force, earning $765 per month. Evidence was given that with pay increases and annual increments, if the deceased had lived, he would now be earning $1,365 per month, with the expectation of further increments up to the level of $1,695 per month, after 14 years service. He had some prospects of eventually becoming a Sergeant with top pay of $2,105 per month after 8 years.

5. I accept that the plaintiff was receiving an average of $350 per month from the deceased. The plaintiff had been running a few pigs on a small lot, with only very occasional assistance from the deceased on his days off. I concluded that the subsequent sale of that farm by the plaintiff was not due to the son's death.

6. The plaintiff was aged 63 at the time of his adopted son's death, and he still appears to enjoy reasonably good health, and may live to his late seventies or longer. He might have expected continued financial support from the deceased throughout the rest of his life. However in the event of the adopted son marrying, the amount of maintenance would no doubt have been reduced.

7. I assess damages under the Law Amendment and Reform (Consolidation) Ordinance in the sum of $8,000, which will merge with damages under the Fatal Accidents Ordinance.

8. Having regard to all the above circumstances, the assessment of a lump sum, the nature of the deceased's occupation, together with the usual vicissitudes of life, I am of the view that a multiplier of 9 is appropriate. General damages for the plaintiff are accordingly assessed at $37,800 ($350 x 12 x 9).

9. The Police Welfare Fund paid half of the funeral expenses. I allow the plaintiff the half paid by him in the sum of $500 special damages, as claimed.

10. Interest is awarded on the special damages of $500 at the rate of 4% per annum from 1st April, 1973 until 17th September, 1976, and on the general damages of $37,800 at 8% from the date of service of the writ, i.e. 3rd May, 1976 until 17th September, 1976.

11. The plaintiff is awarded costs.

Dated this 8th day of December, 1976.

Representation:

Mr. S.M. Henderson of the Legal Aid Dept. for the Plaintiff.

The 1st and 2nd Defendants in person.