UNWAR NAVIN KUMAR v. GURKHAS CONSRTUCTION LTD AND OTHERS

UNWAR NAVIN KUMAR v. GURKHAS CONSRTUCTION LTD AND OTHERS

The court preferred contemporaneous public hospital records and the defendant expert's interpretation of objective findings over the Plaintiff's inconsistent testimony and private reports, concluding the Plaintiff exaggerated subjective pain; therefore limited damages were awarded for pain and suffering and past losses with no future loss or loss of earning capacity, and the employee's compensation award was set off against the damages resulting in no payable sum.

Citation
[2024] HKCFI 749
Parties
Plaintiff: Sunwar Navin Kumar; 1st Defendant (employer): Gurkhas Construction Limited; 2nd Defendant (sub Contractor): Permasteelisa Hong Kong Limited; 3rd Defendant (main Contractor): Leighton - Gammon Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2024
Case Number
HCPI59/2020
Procedural Posture
Personal Injuries Action / Judgment on Quantum (liability Admitted)
Outcome
Judgment for Plaintiff on liability admitted; on quantum limited damages awarded but fully set off by employee's compensation so no net damages payable; interest and costs reserved for further submissions.
Legal Topics
Damages, Quantum, Pain Assessment and Credibility, Medical Evidence, Set Off of Compensation
Source Language
EN
Personal Injury Employment Law Tort Workers' Compensation Damages Quantum Pain Assessment and Credibility Medical Evidence +1 more

Case Brief

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Parties

Sunwar Navin Kumar

Plaintiff

Gurkhas Construction Limited

1st Defendant (employer)

Permasteelisa Hong Kong Limited

2nd Defendant (sub Contractor)

Leighton - Gammon Joint Venture

3rd Defendant (main Contractor)

Procedural Posture

Personal Injuries Action / Judgment on Quantum (liability Admitted)

Legal Issues

  1. 1 Whether the Plaintiff's asserted pain and functional limitation are credible
  2. 2 Appropriate quantum for pain and suffering and loss of earnings
  3. 3 Scope and duration of sick leave recoverable

Ratio Decidendi

The court preferred contemporaneous public hospital records and the defendant expert's interpretation of objective findings over the Plaintiff's inconsistent testimony and private reports, concluding the Plaintiff exaggerated subjective pain; therefore limited damages were awarded for pain and suffering and past losses with no future loss or loss of earning capacity, and the employee's compensation award was set off against the damages resulting in no payable sum.

Court Disposition

Judgment for Plaintiff on liability admitted; on quantum limited damages awarded but fully set off by employee's compensation so no net damages payable; interest and costs reserved for further submissions.

Orders

  • Award PSLA in sum HKD 200000
  • Award past loss of earnings HKD 158567.5