DCPI 761 /2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION
PERSONAL INJURIES ACTION NO. 761 OF 2012
__________________________

BETWEEN

TSIM HUNG WO Plaintiff

And
HAR SAU CHOI 1st Defendant
MOTOR INSURERS’ BUREAU OF HONG KONG 2nd Defendant

STATEMENT OF DAMAGES

Particulars of the Plaintiff

The Plaintiff : TSIM HUNG WO

Sex : Male
Date of Birth : 19th August 1960
Date of Accident : 16th April 2009
Age at the time of Accident : 49
Notional date of Trial : January 2014
Age at notional date of trial : 54
Occupation at the time of Accident : Minibus driver
Occupation at present : Minibus driver

Particulars of Injury & Treatment

1. At about 11:30 p.m., on 16th April 2009, the Plaintiff was driving along the 2 nd left lane of
southbound Mong Lung Street. He was driving the minibus bearing the registration
number LJ7813. The 1st Defendant was driving the Taxi along eastbound Kam Wa Street
with 1 passenger on board at about 10km/hr. On reaching the junction with Mong Lung
Street, the 1st Defendant failing to exercise due care and attention to the approaching
Plaintiff’s Minibus, inadvertently made a right turn into the road. As a result, the nearside

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 front of the 1st Defendant’s Taxi hit the offside rear of the Plaintiff’s Minibus. As a result,
the Plaintiff sustained injuries to his back.

2. After the Accident, the Plaintiff attended the Accident & Emergency Department of
Pamela Youde Nethersole Eastern Hospital on the same day. Upon physical examination,
he was found to have tenderness over lower back.

3. The Plaintiff was granted sick leave from 17th April 2009 to 20th June 2009.

4. As a result of the said injuries, the Plaintiff is still suffering from:-

a. difficulties in prolonged standing, walking and sitting;

b. reduced ability to perform work;
c. difficulty in sleeping;
d. persistent bad mood;
e. reduced social activities

Pain, Suffering and Loss of Amenities (“PSLA”)

5. As a result of the Accident, the Plaintiff suffers from persistent pain of his lower back.
The Plaintiff’s daily activities are much disturbed.

6. By reason of the matters aforesaid, the Plaintiff claims damages for PSLA in the sum of
HK$100,000.

Pre-trial Loss of Earnings

7. At the time of the Accident, the Plaintiff was earning a salary of HK$18,200 per month as
a minibus driver. The Plaintiff has been granted sick leave from 17th April 2009 to 20th
June 2009. (2 months 4 days) The Plaintiff claims full loss of earnings for the sick leave

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 period as follows:-

HK$18,200 x 2 months 4 days = HK$38,793

Special Damages

8. The Plaintiff claims special damages incurred as a result of the injuries sustained by his
in the Accident estimated as follows:-

(a) Medical expenses HK$ 2,000

(a) Travelling expenses HK$ 1,000
(b) Tonic food HK$ 5,000
Total: HK$ 8,000

Interest

9. The Plaintiff claims interest on general damages for PSLA at the rate of 2% per annum
from the date of service of the Writ to the date of judgment.

10. The Plaintiff claims interest on special damages at half of judgment rate from the date of
the accident to the date of judgment.

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Summary

The Plaintiff claims:-

(1) PSLA HK$100,000

(2) Pre-trial Loss of Earnings HK$38,793

(3) Special Damages HK$8,000

Total : HK$ 146,793

(Plus interest to be assessed)

Dated this day of 2013

Jal N. Karbhari & Co.

Solicitors for the Plaintiff

STATEMENT OF TRUTH

I believe that the facts stated in this Statement of Damages are true.

Signed: __________________________
Tsim Hung Wo

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I certify that I, of Jal N. Karbhari & Co. have
translated the contents of this document and the statement of truth to the person signing
the statement of truth who appeared to understand (a) the document and approved its
content as accurate and (b) the statement of truth and the consequences of making a false
statement, and made his signature in my presence.

Signed: _________________________________
of Jal N. Karbhari & Co.