KHAN ASLAM v. WASTECH ENGINEERING INTERNATIONAL LTD

KHAN ASLAM v. WASTECH ENGINEERING INTERNATIONAL LTD

On the balance of probabilities the court preferred the Applicant's evidence and accepted the medical evidence that the injuries were consistent with his account; the court found the accident occurred in the course of employment, adopted the Medical Assessment Board's 1% permanent loss finding and awarded compensation totalling HKD 100,139.14 with interest at 4% from 3 November 2003 to 26 April 2006.

Citation
KHAN ASLAM v. WASTECH ENGINEERING INTERNATIONAL LTD
Parties
Applicant: Khan Aslam; 1st Respondent: Wastech Engineering International Limited; 2nd Respondent: Chun Wo Construction & Engineering Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 May 2006
Case Number
DCEC633/2004
Procedural Posture
Employees Compensation / Judgment (district Court)
Outcome
Judgment for the Applicant
Legal Topics
Workplace Accident, Causation, Assessment of Permanent Loss of Earning Capacity, Calculation of Compensation, Interest on Judgment
Source Language
EN
Employment Law Workers' Compensation Personal Injury Workplace Accident Causation Assessment of Permanent Loss of Earning Capacity Calculation of Compensation Interest on Judgment

Case Brief

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Parties

Khan Aslam

Applicant

Wastech Engineering International Limited

1st Respondent

Chun Wo Construction & Engineering Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Judgment (district Court)

Legal Issues

  1. 1 Whether an accident occurred on 3 November 2003
  2. 2 Whether the injury arose in the course of employment
  3. 3 Appropriate percentage for permanent loss of earning capacity

Ratio Decidendi

On the balance of probabilities the court preferred the Applicant's evidence and accepted the medical evidence that the injuries were consistent with his account; the court found the accident occurred in the course of employment, adopted the Medical Assessment Board's 1% permanent loss finding and awarded compensation totalling HKD 100,139.14 with interest at 4% from 3 November 2003 to 26 April 2006.

Court Disposition

Judgment for the Applicant

Orders

  • Pay Applicant HKD 100,139.14 with interest at 4% from 3 November 2003 until 26 April 2006
  • Order nisi: Costs to the Applicant