Chan Kam Fai v. 李志傑經營之惠林運輸公司

DCEC1353/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 1353 OF 2007

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BETWEEN

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Before: Deputy District Judge J. Tsui in Court

Date of Hearing: 5 November 2010

Date of Delivery of Judgment: 5 November 2010

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J U D G M E N T

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1.By an order dated 13 August 2010, judgment is entered against the respondent insofar as liability is concerned and today’s hearing is on the assessment of the quantum of compensation.

2.The respondent is absent today and, in the absence of contrary evidence, I accept the following facts as not challenged:

i.  that the applicant was 41 years old at the time of the accident;

ii.  the monthly income before the accident was $8,000 per month;

iii.  the sick leave granted was between 4 March 2006 to 10 November 2006, with all the sick leave certificates produced;

iv.  the total medical expenses incurred were in the sum of $5,180; and

v.  that the applicant received a total sum of $13,500 from the respondent being the periodical payment. 

3.There is a certificate of assessment dated 31 October 2007 and the applicant is assessed to suffer one per cent of the permanent loss of earning capacity.

4.Coming to the quantum of the compensation, first, under section 9 and since the applicant was 40 years old at the time of the accident, the 72 months applies, and therefore I accept that the compensation under this head should be $8,000 x 72 months x 1% and that gives a sum of $5,760. 

5.Under section 10, the period of sick leave, deducting the sum of $13,500 as the periodical payment, the amount therefore for the sick leave compensation is $39,213.98.  Under section 10A, as to the medical expenses, he is entitled to the sum of $5,180.  Adding up the total, it gives a sum of $50,153.98 and, of course, the applicant is entitled to interest and the interest would be half judgment rate from the date of the accident, that is 4 March 2006, to the date of judgment, and thereafter at full judgment rate until full payment.

6.Finally, I award costs of this action to the applicant, to be taxed if not agreed, and also the applicant’s own costs will be taxed in accordance with the Legal Aid Regulations.

Mr.  Leung Chun-cheung,  Jeff, of Messrs  Cheung, Chan & Chung, for the Applicant

Respondent, in person, absent