CHAN KIN YEE v. LEUNG MAN KIN AND ANOTHER

CHAN KIN YEE v. LEUNG MAN KIN AND ANOTHER

Both drivers were negligent; the court was not satisfied intoxication of the deceased was proved; apportionment of liability was 60% to the deceased and 40% to the 1st defendant; damages were assessed (funeral expenses allowed, Miscellaneous Provisions sum fixed, fatal accident dependency calculated and reduced for...

Source-derived case information.

Citation
CHAN KIN YEE v. LEUNG MAN KIN AND ANOTHER
Parties
Plaintiff Administratrix of Pang Chuen (deceased): CHAN KIN YEE; Plaintiff Co Administrator of Pang Chuen (deceased): CHAN TIM; 1st Defendant: LEUNG MAN KIN; 2nd Defendant: AU YEUNG CHING HO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 1969
Case Number
HCA1014/1968
Procedural Posture
Fatal Accidents / Wrongful Death (tort) / Final Judgment (original Jurisdiction)
Outcome
Judgment for plaintiffs on claim; both parties held negligent with apportionment 60% to deceased and 40% to 1st defendant; defendant successful on counterclaim.
Legal Topics
Contributory Negligence, Assessment of Damages, Evidence of Intoxication, Duty to Give Way at Junction
Source Language
en
Torts Negligence Motor Vehicle Law Fatal Accidents Contributory Negligence Assessment of Damages Evidence of Intoxication Duty to Give Way at Junction

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Parties

CHAN KIN YEE

Plaintiff Administratrix of Pang Chuen (deceased)

CHAN TIM

Plaintiff Co Administrator of Pang Chuen (deceased)

LEUNG MAN KIN

1st Defendant

AU YEUNG CHING HO

2nd Defendant

Procedural Posture

Fatal Accidents / Wrongful Death (tort) / Final Judgment (original Jurisdiction)

Legal Issues

  1. 1 Whether the 1st defendant driver was negligent in entering the junction without proper lookout and evasive action
  2. 2 Whether the deceased driver was negligent by driving at excessive speed and whether he was unfit to drive through intoxication
  3. 3 Apportionment of fault between parties (contributory negligence)

Ratio Decidendi

Both drivers were negligent; the court was not satisfied intoxication of the deceased was proved; apportionment of liability was 60% to the deceased and 40% to the 1st defendant; damages were assessed (funeral expenses allowed, Miscellaneous Provisions sum fixed, fatal accident dependency calculated and reduced for contributory negligence) and judgment entered for the plaintiffs with a separate judgment for the defendant on his counterclaim.

Court Disposition

Judgment for plaintiffs on claim; both parties held negligent with apportionment 60% to deceased and 40% to 1st defendant; defendant successful on counterclaim.

Orders

  • Judgment for the plaintiffs on the claim.
  • Funeral expenses allowed in the sum of $3,685 (net of $500 employer contribution).