Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Insurance benefits and double recovery
  • 13 Apr 2011

    TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER

    Citation
    TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI288/1996

    Bereavement awarded at statutory HK$150,000 and pre-trial dependency at HK$333,450 (total HK$483,450). Insurance compensation and gratuity paid to dependants (RMB11,520 and RMB8,480 totalling RMB20,000) were benefits accruing as a result of the death and therefore are to be disregarded in assessing FAO damages under s7; pain and suffering claim rejected for lack of evidence of conscious suffering; interest applied as per interlocutory judgment (bereavement at 2% pa from date of death; pre-trial losses at half judgment rate from date of accident to judgment, then judgment rate); costs ordered…