RAI PREM KUMAR v. RAI BABU RAM t/a SUNRISE CONSTRUCTION CO. AND ANOTHER

RAI PREM KUMAR v. RAI BABU RAM t/a SUNRISE CONSTRUCTION CO. AND ANOTHER

Liability having been admitted, the judge applied appellate guidance (Yu Kwok Wing) to set the serious injury bracket at $460,000–$610,000 and awarded $550,000 for pain and suffering; accepted plaintiff's median pre-accident monthly earnings of $13,536 and awarded loss of earnings from accident to judgment less actual earnings and employer MPF contributions totalling $400,757; awarded $100,000 for disadvantage on the labour market; calculated future loss by deducting an assumed post-injury earning of $7,000 from $13,536, applying an agreed multiplier of 15 and adding future MPF to award $1,231,304; aggregated damages totalling $2,238,149 less employers' compensation $545,392 to give...

Citation
RAI PREM KUMAR v. RAI BABU RAM t/a SUNRISE CONSTRUCTION CO. AND ANOTHER
Parties
Plaintiff: Rai Prem Kumar; 1st Defendant: Rai Babu Ram trading as Sunrise Construction Company; 2nd Defendant: Ching Chit Cheung Construction Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2002
Case Number
HCPI1421/2000
Procedural Posture
Personal Injuries / Judgment
Outcome
Judgment for the plaintiff in the sum of $1,692,757
Legal Topics
Loss of Eye, Quantification of Damages, Loss of Earnings, Future Loss of Earnings, Pain and Suffering, Disadvantage on Labour Market, Interest, Costs
Source Language
EN
Torts Personal Injury Negligence Damages Loss of Eye Quantification of Damages Loss of Earnings Future Loss of Earnings +4 more

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Parties

Rai Prem Kumar

Plaintiff

Rai Babu Ram trading as Sunrise Construction Company

1st Defendant

Ching Chit Cheung Construction Co. Ltd

2nd Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to damages for permanent loss of an eye and related disabilities
  2. 2 Quantum of general damages for serious injury and appropriate inflation adjustment
  3. 3 Calculation of pre-trial loss of earnings and appropriate monthly rate

Ratio Decidendi

Liability having been admitted, the judge applied appellate guidance (Yu Kwok Wing) to set the serious injury bracket at $460,000–$610,000 and awarded $550,000 for pain and suffering; accepted plaintiff's median pre-accident monthly earnings of $13,536 and awarded loss of earnings from accident to judgment less actual earnings and employer MPF contributions totalling $400,757; awarded $100,000 for disadvantage on the labour market; calculated future loss by deducting an assumed post-injury earning of $7,000 from $13,536, applying an agreed multiplier of 15 and adding future MPF to award $1,231,304; aggregated damages totalling $2,238,149 less employers' compensation $545,392 to give...

Court Disposition

Judgment for the plaintiff in the sum of $1,692,757

Orders

  • Judgment for plaintiff in the sum of $1,692,757
  • Interest on damages for pain and suffering and loss of amenities at 2% per annum from date of service of the writ to date of judgment