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DCEC000859/1999
DCEC859/1999
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
EMPLOYEES' COMPENSATION CASE NO. 859 OF 1999
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Yip Pak-wai,deceased |
1st Applicant |
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and |
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Yip Pak-wing,
the personal representative
and intended administrator for the estate of
Yip Pak-wai,deceased |
2nd Applicant |
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AND |
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Ma Kwai-suen
trading as Lung Ma Transp. Co. |
Respondent |
Coram: H H Judge Wong in Court
Date of Judgment: 21 October 2003
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J U D G M E N T
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1. I accept the evidence which was deposed by the deceased. However, I accept that the average income of the deceased was $8,300. So under section 9, compensation assessed at:
$8,300 x 29% x 96 = 231,072
Under section 10:
$8,300 x 4/5 x 24 = 159,360
2. Medical expenses under 10A is 12,244.00. The total amount of compensation is:
231,072 + 159,360 + 12,244 = $402,676
Interest at 2% per annum from 17 October 1998 to 21 October 2003, $40,377.92.
3. Order:
Damages assessed at $402,676.00
Interests are assessed at $40,377.92
4. Costs to the applicants. Applicants' own costs to be taxed in accordance with Legal Aid Regulations.
5. Costs of the hearing on 6 August 2002 to the applicants. Applicants' own costs to be taxed in accordance with Legal Aid Regulations.
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H H Judge Wong |
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District Court Judge |
Representation:
Present: Mr S K Li, Ernest, of Messrs Lily Fenn & Partners, assigned by the Legal Aid Department, for the Applicants
Mr Ma Kwai-suen, trading as Lung Ma Transp. Co., Respondent, in Person (Absent)
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