THE BLUE TAXICARS LTD AND ANOTHER v. WONG SUNG YAM AND ANOTHER

THE BLUE TAXICARS LTD AND ANOTHER v. WONG SUNG YAM AND ANOTHER

The Assistant Registrar found the injuries were very mild, accepted incapacity for two months and some transient symptoms but was not satisfied ongoing headaches/dizziness were caused by concussion; awarded general damages of $7,500 for pain and suffering, special damages of $5,529 proved, made no award for future loss of earnings and applied interest rates specified to the awarded sums.

Citation
THE BLUE TAXICARS LTD AND ANOTHER v. WONG SUNG YAM AND ANOTHER
Parties
1st Plaintiff: THE BLUE TAXICARS LTD.; 2nd Plaintiff: LAM SING WING @ LAM SHING WING; 1st Defendant: WONG SUNG YAM; 2nd Defendant: KOWLOON MOTOR BUS CO. (1933) LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 1981
Case Number
HCA3599/1979
Procedural Posture
Personal Injury Claim (motor Vehicle Accident) / Judgment (decision by Assistant Registrar)
Outcome
Judgment for plaintiffs in part; damages awarded in respect of proved losses and pain and suffering; no award for future loss of earnings.
Legal Topics
Whiplash, Head Injury, Compensation Neurosis, Special Damages, Assessment of Damages, Interest on Judgment
Source Language
EN
Torts Personal Injury Motor Vehicle Accidents Damages Evidence Whiplash Head Injury Compensation Neurosis +3 more

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Parties

THE BLUE TAXICARS LTD.

1st Plaintiff

LAM SING WING @ LAM SHING WING

2nd Plaintiff

WONG SUNG YAM

1st Defendant

KOWLOON MOTOR BUS CO. (1933) LTD.

2nd Defendant

Procedural Posture

Personal Injury Claim (motor Vehicle Accident) / Judgment (decision by Assistant Registrar)

Legal Issues

  1. 1 Causation of ongoing headaches and dizziness
  2. 2 Assessment of quantum for pain and suffering
  3. 3 Whether future loss of earnings should be awarded

Ratio Decidendi

The Assistant Registrar found the injuries were very mild, accepted incapacity for two months and some transient symptoms but was not satisfied ongoing headaches/dizziness were caused by concussion; awarded general damages of $7,500 for pain and suffering, special damages of $5,529 proved, made no award for future loss of earnings and applied interest rates specified to the awarded sums.

Court Disposition

Judgment for plaintiffs in part; damages awarded in respect of proved losses and pain and suffering; no award for future loss of earnings.

Orders

  • General damages awarded: $7,500.
  • Special damages awarded: $5,529 (comprising loss of earnings for two months $4,000; medical expenses $1,313; travelling expenses included).