PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS

PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS

Damages were awarded where injuries and losses were proven and reasonable: general damages fixed according to injury severity and precedents; special damages allowed where specifically proved and the expenditures were reasonable substitutes; loss of enjoyment and a modest loss of consortium award were permitted and quantified; interest ordered at 8% from specified dates.

Citation
PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS
Parties
1st Plaintiff: PARAM JIT KAUR; 2nd Plaintiff: SUDHAGAR SINGH; 3rd Plaintiff: JAGTOR SINGH; 1st Defendant: LEUNG FAT SANG; 2nd Defendant: CHAN SIU WAH; 3rd Defendant: NG OI FUNG; 4th Defendant: NG TIK WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 1976
Case Number
HCPI607/1976
Procedural Posture
Personal Injury Tort / Assessment of Damages (high Court)
Outcome
Damages awarded to plaintiffs in specified amounts with interest and costs
Legal Topics
Assessment of Damages, General Damages, Special Damages, Loss of Consortium, Interest on Damages
Source Language
EN
Tort Personal Injury Civil Procedure Damages Assessment of Damages General Damages Special Damages Loss of Consortium +1 more

Case Brief

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Parties

PARAM JIT KAUR

1st Plaintiff

SUDHAGAR SINGH

2nd Plaintiff

JAGTOR SINGH

3rd Plaintiff

LEUNG FAT SANG

1st Defendant

CHAN SIU WAH

2nd Defendant

NG OI FUNG

3rd Defendant

NG TIK WING

4th Defendant

Procedural Posture

Personal Injury Tort / Assessment of Damages (high Court)

Legal Issues

  1. 1 Quantum of general damages for physical injury and permanent disability
  2. 2 Allowability and quantification of special damages (hospital, transport, accommodation, food, fares, visa)
  3. 3 Whether loss of enjoyment of holiday and loss of consortium are recoverable and quantifiable

Ratio Decidendi

Damages were awarded where injuries and losses were proven and reasonable: general damages fixed according to injury severity and precedents; special damages allowed where specifically proved and the expenditures were reasonable substitutes; loss of enjoyment and a modest loss of consortium award were permitted and quantified; interest ordered at 8% from specified dates.

Court Disposition

Damages awarded to plaintiffs in specified amounts with interest and costs

Orders

  • Third plaintiff awarded general damages $750 and special damages $263
  • Second plaintiff awarded general damages $600 and special damages $1,866