Tang Chui Ming v The Kowloon Motor Bus Co (1933) Ltd

Court:District Court (Hong Kong)
Judgement Number:DCEC12/1970
Judgment Date:16 Jun 1970
DCEC000012/1970 TANG CHUI MING v. THE KOWLOON MOTOR BUS CO (1933) LTD

DCEC000012/1970

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

WORKMEN'S COMPENSATION CASE NO. 12 OF 1970

Madam Tang Chui Ming on behalf of herself and other dependants of the deceased Applicant
AND
The Kowloon Motor Bus Co. (1933) Ltd. Respondents

Coram: District Judge D. Cons in Court

Date of Judgment: 16 June 1970

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JUDGMENT

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1. This is a claim for Workmen's compensation arising from the death of a driver employed by the defendant motor bus company. On the 17th of October last year he was engaged in the evening shift, driving a route No.1 bus which makes round trips from the Kowloon City bus terminus. His return route lay along Prince Edward Road, and in that road, at a distance of apparently about half a mile from the terminus, there is a bus stop near to a place known as the Nobel College. By about 11.30 that evening the deceased had almost completed six and half round trips. He had one more to make before finishing duty. Until that time nothing unusual had occurred during that shift, but from the Nobel College stop onwards the conductor of his bus noticed that the bus was proceeding only very slowly, although there was nothing in the traffic conditions to warrant such a reduction of speed. He spoke to the deceased but cannot remember if he received any answer. The bus had one further stop to make before reaching Kowloon City, which it did to allow some passengers to alight and finally reached the terminus at 11.40 p.m. At that stage the deceased complained to the conductor that since the Nobel College stop he had been feeling unwell and unable to see properly. He also reported to the Station Master that he was unfit to carry on with his duties. Both his wife, who was summoned by telephone and the Station Master say he mentioned feeling dizzy at the time, but there is no evidence whether or not the dizziness also related back to the Nobel College stop. A taxi was called to take him to the Queen Elizabeth Hospital, by which time he was unable to walk. He had already become unconscious when examined by Dr. Wong just after midnight, and he died soon afterwards.

2. It is accepted that the cause of death was cerebral haemorrhage. The medical evidence was that this is commonly, although not exclusively, caused by high...

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