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

Court accepted the Employees' Compensation Committee's 25% permanent loss of earning capacity and applied Cap.282 formulas to award statutory compensation of HK$443,535 (s9: HK$360,000; s10: HK$78,000; s10A: HK$5,535). Court assessed common law damages at HK$657,910 (general damages HK$400,000; past earnings & MPF HK$102,375; loss of earning capacity HK$150,000; special damages HK$5,535) and ordered set-off of statutory compensation against common law damages, resulting in a net award of HK$214,375 to the plaintiff, plus interest and costs as specified.

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
DCEC2652/2015
Procedural Posture
Employee Compensation (dcec 2652/2015) and Personal Injury (dcpi 2646/2016) Consolidated / Damages Assessment Hearing (assessment of Compensation and Damages)
Outcome
Judgment for applicant/plaintiff on consolidated matters: statutory compensation awarded and common law damages awarded with statutory set‑off; defendant ordered to pay net sum, interest and costs.
Legal Topics
Statutory Compensation Under Employees' Compensation Ordinance, Assessment of General Damages for Pain and Suffering, Loss of Earning Capacity, Set Off of Statutory Compensation Against Common Law Damages, Interest and Costs Orders, Evaluation of Expert Medical Evidence
Source Language
CH
Workers' Compensation Personal Injury (tort) Civil Procedure Employment Law Statutory Compensation Under Employees' Compensation Ordinance Assessment of General Damages for Pain and Suffering Loss of Earning Capacity Set Off of Statutory Compensation Against Common Law Damages +2 more

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Parties

SINGH CHAMKAUR

Applicant / Plaintiff

MA CHI KAN trading as KAN TAT ENGINEERING & BUILDING MATERIAL

Respondent / Defendant

Procedural Posture

Employee Compensation (dcec 2652/2015) and Personal Injury (dcpi 2646/2016) Consolidated / Damages Assessment Hearing (assessment of Compensation and Damages)

Legal Issues

  1. 1 Proper calculation of statutory compensation under Employees' Compensation Ordinance ss9,10,10A
  2. 2 Assessment of general damages for pain, suffering and loss of amenities
  3. 3 Assessment of past loss of earnings and loss of earning capacity

Ratio Decidendi

Court accepted the Employees' Compensation Committee's 25% permanent loss of earning capacity and applied Cap.282 formulas to award statutory compensation of HK$443,535 (s9: HK$360,000; s10: HK$78,000; s10A: HK$5,535). Court assessed common law damages at HK$657,910 (general damages HK$400,000; past earnings & MPF HK$102,375; loss of earning capacity HK$150,000; special damages HK$5,535) and ordered set-off of statutory compensation against common law damages, resulting in a net award of HK$214,375 to the plaintiff, plus interest and costs as specified.

Court Disposition

Judgment for applicant/plaintiff on consolidated matters: statutory compensation awarded and common law damages awarded with statutory set‑off; defendant ordered to pay net sum, interest and costs.

Orders

  • Defendant to pay statutory employees' compensation HK$443,535 plus interest (from 19 December 2013 to judgment at half the judgment debt rate, thereafter at the judgment debt rate until full payment).
  • Defendant to pay plaintiff common law damages totaling HK$657,910 comprising HK$400,000 general damages, HK$102,375 past earnings and MPF loss, HK$150,000 loss of earning capacity, and HK$5,535 special damages (medical expenses).