LAM SZE AND ANOTHER v. LING SHUM HA AND ANOTHER
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HCA002083/1980
1980 No. 2083 |
IN THE SUPREME COURT OF HONG KONG
HIGH COURT
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BETWEEN
| LAM SZE (administratrix of the estate of LEUNG SET YING, deceased) | Plaintiff | |
AND
| ||
| LING SHUM HA | 1st Defendant | |
| CHINA MOTOR BUS CO. LTD. | 2nd Defendant |
Coram: Mr Registrar Julian Betts in Chambers
Date of Judgment: 13 August 1982
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ASSESSMENT OF DAMAGES
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1. On 22nd July 1979 Miss Leung Sei-ying, 23 years old, was waiting in a queue at North Point Bus Station. A bus driven by the 1st Defendant and owned by the 2nd Defendant drove into the queue and killed her. At the time of her death she was in steady factory employment earning an average of $1,300.00 per month. She lived with her family which consisted of her widowed mother the Plaintiff) aged 61, her brother, his wife and their two small children.
2. On the evidence I find no dependency for any of the family except the Plaintiff who could expect a measure of support from her daughter for the remainder of her days.
3. The deceased was unmarried and had no boyfriend.
4. Evidence was given that she handed her earnings to her mother, keeping about $200 each month for herself. Her mother paid all domestic expenses and banked what was saved. I find that after deduction of deceased's own maintenance her monthly savings were $600 and would have continued at much the same figure even though her earnings could reasonably be expected to have gave up.
5. I assess charges as follows:-
Under FAO
1. Loss of income, less maintenance to date of judgment is $600 × 36 = $21,500. 2. Loss of future dependency at the same monthly rate applying a multiplyer of 10 is $600 × 12 × 10=$72,000. Under LARCO
3. Lash years in the total of 1 and 2 supra and comes to $93,500 4. Loss of expectation of life $15,000. 5. Agreed funeral expenses $8,500.
6. The award under FAO merges with and is extinguished by the LARCO award which is a total of $93,500 + $15,000 + $8,500 = $117,000.
7. There will be interest at the rate of 8.75% p.a. from the date of the accident to judgment. There will be costs to the Plaintiff with a certificate for counsel.
Dated the 13th August, 1982
(J. Betts) | |
Assistant Registrar |
Representation:
Mr K.H. Suen instructed by D.L.A. for the Plaintiff
Mr E.C. Mumford instructed by Messrs Ngan & Co for the Defendants.