SINGH CHAMKAUR 對 MA CHI KAN t/a KAN TAT ENGINEERING & BUILDING MATERIAL

SINGH CHAMKAUR 對 MA CHI KAN t/a KAN TAT ENGINEERING & BUILDING MATERIAL

The court accepted the Employees' Compensation Board's finding of 25% permanent loss of earning capacity and applied the statutory formulas under ss.9,10,10A to award HK$360,000 (permanent) + HK$78,000 (temporary) + HK$5,535 (medical) = HK$443,535; the court assessed common law damages for pain, suffering and loss of amenity at HK$400,000, awarded pre-trial income/MPF loss and loss of earning capacity sums, aggregated the damages to HK$657,910, and deducted the statutory employees' compensation of HK$443,535 resulting in a net common law award of HK$214,375, with interest and costs as ordered.

Citation
[2021] HKDC 50
Parties
Applicant/plaintiff: SINGH CHAMKAUR; Respondent/defendant: MA CHI KAN trading as KAN TAT ENGINEERING & BUILDING MATERIAL
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 January 2021
Case Number
DCPI2646/2016
Procedural Posture
Consolidated Employees' Compensation and Personal Injury Actions / Assessment of Damages (quantum) Hearing
Outcome
Judgment for the claimant. Defendant ordered to pay statutory employees' compensation and common law damages net of set-off, with interest and costs as specified.
Legal Topics
Damages Assessment, Loss of Earning Capacity, Statutory Compensation, Set Off of Statutory Payments Against Common Law Damages, Interest and Costs
Source Language
CH
Employees' Compensation Personal Injury Tort Civil Procedure Damages Assessment Loss of Earning Capacity Statutory Compensation Set Off of Statutory Payments Against Common Law Damages +1 more

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Parties

SINGH CHAMKAUR

Applicant/plaintiff

MA CHI KAN trading as KAN TAT ENGINEERING & BUILDING MATERIAL

Respondent/defendant

Procedural Posture

Consolidated Employees' Compensation and Personal Injury Actions / Assessment of Damages (quantum) Hearing

Legal Issues

  1. 1 Proper calculation of statutory compensation under Employees' Compensation Ordinance ss.9,10,10A
  2. 2 Assessment of common law damages for pain, suffering and loss of amenity
  3. 3 Appropriate award for loss of earning capacity and pre-trial income/MPF loss

Ratio Decidendi

The court accepted the Employees' Compensation Board's finding of 25% permanent loss of earning capacity and applied the statutory formulas under ss.9,10,10A to award HK$360,000 (permanent) + HK$78,000 (temporary) + HK$5,535 (medical) = HK$443,535; the court assessed common law damages for pain, suffering and loss of amenity at HK$400,000, awarded pre-trial income/MPF loss and loss of earning capacity sums, aggregated the damages to HK$657,910, and deducted the statutory employees' compensation of HK$443,535 resulting in a net common law award of HK$214,375, with interest and costs as ordered.

Court Disposition

Judgment for the claimant. Defendant ordered to pay statutory employees' compensation and common law damages net of set-off, with interest and costs as specified.

Orders

  • Defendant to pay claimant employees' compensation totalling HK$443,535 and interest from 19 December 2013 to judgment at half the judgment rate and thereafter at the judgment rate until full payment
  • Provisional order: Defendant to pay claimant's costs of these proceedings (including preserved costs) and counsel's certificate; if parties disagree on costs amount, costs to be assessed by the court; claimant's own costs to be assessed under the Legal Aid Rules