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案例分析:乘客坐小巴撞車受傷,獲賠96萬

案件編號:HCPI 254/2003

案件名稱:YUEN PAK CHEONG v CHAN KA LEUNG

法庭:HIGH COURT 

主審法官:Before Master Thomas So in Court

判案書日期 20 April 2004

個案:This case arises out of an accident occurred on 27th December 2001, when the Plaintiff was travelling as a passenger in a public light bus (“the Plaintiff’s Vehicle“) and the Defendant was driving a private vehicle (“the Defendant’s Vehicle“). When the Plaintiff’s Vehicle was travelling along Cheung Sha Wan Road the Defendant’s Vehicle ran into the Plaintiff’s vehicle when the two vehicles reached the junction of Cheung Sha Wan Road and Butterfly Valley Road. As a result the Plaintiff sustained injuries. On 20th February 2002 the Defendant was convicted of (1) Careless Driving and (2) Driving a motor vehicle with alcohol concentration in breath in excess exceeding the prescribed limit. The Plaintiff issued the present proceedings on 7th March 2003. Judgment on liability was entered against the Defendant on 2nd May 2003. The matter now before the Court is to assess the amount of damages to be awarded to the Plaintiff.

原告乘坐公共小巴,被告駕駛私家車撞到公共小巴。

被告被判犯有(1)粗心駕駛和(2)駕駛呼吸中酒精濃度超過規定限制的機動車的罪名成立, 被告民事疏忽責任舉證成立。

原告人職業:a dim sum chef in Chinese restaurant * Ming Sing Seafood Restaurant (HK$13,000.00 per month), at the time of the accident he was 46 years old – 點心師傅,月入$13,000,案發時46歲

原告人傷勢:

  • fracture of the right occipital condyle (右枕踝骨折)
  • diastasis of the left C6 and C7 facet joint (左C6和C7小關節的骨化)
  • anterior end of the right 1st rib fracture (右第一肋骨骨折的前端)
  • contusion of his right upper limb (右上肢挫傷)
  • pain at the back of his thoracic region (他的胸部後部疼痛)
  • He had multiple facial and head injuries
  • He was hospitalised and was discharged after 7 days
  • continued to receive regular follow-up treatments and physiotherapy at both the Caritas Medical Centre and Tuen Mun Hospital

相關法律原則: 關於PSLA: “Having taken into account of all the case authorities cited as well as the medical evidence and the evidence displayed at the hearing, the court is satisfied that this case falls within the lower end of the “Serious Injury” category and I would award a sum of HK$400,000 to the Plaintiff.”

法庭判定的賠償項目:

項目 賠償額  
(1) PSLA 400,000.00
(2) Pre-trial loss of earnings 310,398.11
(3) Pre-trial loss of MPF 15,402.90
(4) Future loss of earnings 197,076.00
(5) Future loss of MPF 9,853.80
(6) Future medical and hospital expenses 9,600.00
(7) Medical and hospital expenses to date 6,316.00
(8) Travelling expenses 5,000.00
(9) Nourishing and tonic food 7,452.00
  總計 $ 961,098.81
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