案件名稱：CHAU CHI WAH v WONG KWOK MING
主審法官：Deputy District Judge J. Ko in Court
判案書日期 ：18 April 2008
This trial is concerned with the collision between the motorcycle driven by the Plaintiff and the public light bus (“PLB”) driven by the Defendant at the junction of Pik Wan Road and a minor road leading to Kwong Tin Estate Bus Terminus (hereinafter called “the Minor Road”) sometime after noon on 24th September 2006.
The Plaintiff is claiming against the Defendant for loss and damage caused by the Defendant’s negligence. The Defendant denies liability and counterclaims for loss and damage as a result of the Plaintiff’s negligence.
The Court accept the Plaintiff’s case and find that the collision happened in the way testified by the Plaintiff. The Defendant was negligent in failing to give way to the Plaintiff’s motorcycle before emerging from the junction.
- The Plaintiff was not hospitalized. 原告沒有住院
- The mild neck sprain subsided and the multiple abrasions over his hands and right lower limb recovered after a short while. 原告的輕微頸痛及手部及右下腿的損傷短時間內復原。
|(2)||Loss of earning||32,000.00|
|(3)||Pre-trial loss of earnings||663.00|
|– Medical expenses||4,460.00|
|– Traveling expenses||220.00|
|– Detention and survey fees||1,235.00|
|– Damage to the Plaintiff’s shirt and trousers||500.00|
|Repair of the Plaintiff’s Rolex wristwatch||5,770.00|
|– Tolling fee||700.00|
|– Value of the Plaintiff’s motorcycle||42,500.00|