LIU SHIU KEUNG t/a KEUNG KEE TRANSPORTATION CO v. WONG BING SENG AND ANOTHER

LIU SHIU KEUNG t/a KEUNG KEE TRANSPORTATION CO v. WONG BING SENG AND ANOTHER

Court accepted plaintiffs' evidence to fix dependency at $700 per month, applied a multiplier of 14 for a 46-year-old healthy private bus driver to calculate a lump sum of $117,600 under the Fatal Accidents Ordinance (to be reduced by Workmen's Compensation paid); assessed $10,000 for loss of expectation of life and $3,155 funeral expenses under the Law Amendment and Reform (Consolidation) Ordinance (merging with general award), awarded $50 for clothing, directed interest at 4% on the $3,205 from 18 June 1973 and 8% on the Fatal Accidents award from 15 January 1975, and ordered costs to plaintiff to be taxed under Legal Aid Regulations.

Citation
LIU SHIU KEUNG t/a KEUNG KEE TRANSPORTATION CO v. WONG BING SENG AND ANOTHER
Parties
Plaintiff (administrator of the Estate of Wong Choy Deceased): YIP Lan; Plaintiff (administrator of the Estate of Wong Choy Deceased): YIP Kam Ching; 1st Defendant: WONG Bing Seng; 2nd Defendant: CHIU Kam Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 September 1975
Case Number
HCA2069/1974
Procedural Posture
Fatal Accidents and Wrongful Death Claim Under the Law Amendment and Reform (consolidation) Ordinance and the Fatal Accidents Ordinance (consolidated Action) / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment awarded: under Law Amendment and Reform (Consolidation) Ordinance loss of expectation $10,000, funeral expenses $3,155 and clothing $50 (merged with general award); under Fatal Accidents Ordinance lump sum for dependency $117,600 before deduction of Workmen's Compensation; interest and costs awarded as...
Legal Topics
Assessment of Damages, Loss of Expectation of Life, Dependency Calculation and Multiplier, Apportionment Among Dependants, Interest on Awards, Deduction of Workmen's Compensation
Source Language
EN
Tort Fatal Accidents Workmen's Compensation Civil Procedure (assessment of Damages) Assessment of Damages Loss of Expectation of Life Dependency Calculation and Multiplier Apportionment Among Dependants +2 more

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Parties

YIP Lan

Plaintiff (administrator of the Estate of Wong Choy Deceased)

YIP Kam Ching

Plaintiff (administrator of the Estate of Wong Choy Deceased)

WONG Bing Seng

1st Defendant

CHIU Kam Cheung

2nd Defendant

Procedural Posture

Fatal Accidents and Wrongful Death Claim Under the Law Amendment and Reform (consolidation) Ordinance and the Fatal Accidents Ordinance (consolidated Action) / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Proper quantification of damages under the Law Amendment and Reform (Consolidation) Ordinance
  2. 2 Proper lump sum for dependency under the Fatal Accidents Ordinance
  3. 3 Appropriate multiplier for future loss of dependency and allowance for vicissitudes of life

Ratio Decidendi

Court accepted plaintiffs' evidence to fix dependency at $700 per month, applied a multiplier of 14 for a 46-year-old healthy private bus driver to calculate a lump sum of $117,600 under the Fatal Accidents Ordinance (to be reduced by Workmen's Compensation paid); assessed $10,000 for loss of expectation of life and $3,155 funeral expenses under the Law Amendment and Reform (Consolidation) Ordinance (merging with general award), awarded $50 for clothing, directed interest at 4% on the $3,205 from 18 June 1973 and 8% on the Fatal Accidents award from 15 January 1975, and ordered costs to plaintiff to be taxed under Legal Aid Regulations.

Court Disposition

Assessment awarded: under Law Amendment and Reform (Consolidation) Ordinance loss of expectation $10,000, funeral expenses $3,155 and clothing $50 (merged with general award); under Fatal Accidents Ordinance lump sum for dependency $117,600 before deduction of Workmen's Compensation; interest and costs awarded as...

Orders

  • Award under Law Amendment and Reform (Consolidation) Ordinance: $10,000 (loss of expectation) and $3,155 (funeral expenses) and $50 (loss of clothing), those sums to merge with the general award.
  • Award under Fatal Accidents Ordinance: lump sum $117,600 (700 x 12 x 14) to be reduced by any Workmen's Compensation paid.