751 Quantum -- Body and internal organs

6 [751] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Pubic injury – Fracture of left inferior pubic ramius of the pelvis

Summary :

Male, aged 26, tele-clerk, earning S$340 a month. Fracture of the left inferior pubic ramius of the pelvis. No permanent disability. General damages: S$2,800. Special damages: S$1,098.

Digest :

See Ong Lim v Changi Bus Co Ltd [1966] 1 MLJ xxxiv High Court, Singapore (Kulasekaram J).

752 Quantum -- Body and internal organs

6 [752] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Pubic injury – Fracture of left superior and inferior pubic rami and vertical fracture of the left iliac bone

Summary :

Plaintiff was a married woman aged 43 at the time of the accident. Full-time housewife. Suffered from comminuted fractures of the left superior and inferior pubic rami and vertical fracture of the left iliac bone with upward displacement. In hospital for one month, treated as an outpatient thereafter for about 3 months. There was a limitation in hip flexion and the left hip rotation, both internal and external, was limited by 30 degrees. There was [1/4 inch] shortening. This was due to the fact that the pelvic fracture of the iliac bone had united with some upward displacement of the fracture fragment. Difficulty in squatting was experienced and that was due to some restriction of the left hip flexion but that was expected to improve to some extent, although probably, it would not recover fully. The judge held that the plaintiff was 25% to blame and the defendant 75% to blame. General damages were assessed at S$4,000 for the fractures of the superior and inferior public rami and S$3,000 for the fracture and displacement of the iliac bone. Special damages were assessed at $200. The plaintiff was awarded three-quarters of these amounts, namely S$5,250 by way of general damages and S$150 by way of special damages.

Digest :

Chang Go Yang v Koh Han Tong [1972] 2 MLJ lviii High Court, Singapore (D'Cotta J).

753 Quantum -- Body and internal organs

6 [753] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Pubic injury – Fracture of pelvic bone

Digest :

Fazalur Karim & Ors v Sing Mah Plantation Ltd [1965] 2 MLJ viii High Court, Johore Bahru (Azmi J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 717.

754 Quantum -- Body and internal organs

6 [754] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Pubic injury – Fracture of pubic ramus of pelvis

Summary :

Spinster labourer, aged 21. Bi-lateral fractures of inferior pubic ramus of pelvis. No permanent disability. General damages: S$3,500. Special damages: S$300.

Digest :

Wong Kum Peng v Ngieng Kim Heek [1965] 2 MLJ viii High Court, Singapore (Choor Singh J).

755 Quantum -- Body and internal organs

6 [755] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Pubic injury – Fracture of superior and inferior rami of the right pubic bone

Summary :

Widow, aged 62 at the time of the accident, 64-year-old at the date of the trial. She reared pigs and performed household work. Suffered from fractures of the superior and inferior rami of the right pubic bone of her pelvis. The fractures were comminuted. There was a limitation in abduction at the hip of 10ก. The pelvis had healed with a consolidated fracture of the superior and inferior rami, with destruction of the acetabular socket of the hip joint. There was present, osteoarthritis of the right hip. The disability was in the form of osteoarthritis of the right hip. There was simple undisplaced fractures of the left 4th and 6th ribs. Special damages: S$60. General damages: S$8,000.

Digest :

Aw Sung v Seaw Kui Seng [1970] 1 MLJ xvi High Court, Singapore (Chua J).

756 Quantum -- Body and internal organs

6 [756] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Puncture of lungs

Summary :

Male rubber tapper, aged 23; surgical emphysema in soft tissue of both sides of the neck and suggestive of mediastinal emphysema with minimal pneumothorax in the upper half of right chest, ie the lung was punctured with the result that the air it contained escaped into two other places. Pain at the root of the neck. No permanent disability except some hoarseness and lack of strength in the voice which could be improved with vocal training and exercises. General damages: RM2,200. Special damages: $RM358.

Digest :

Teh Eng Hong v Mathaven [1965] 2 MLJ xl High Court, Malacca (Ismail Khan J).

757 Quantum -- Body and internal organs

6 [757] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Rib injury – Fracture of ribs

Summary :

First plaintiff, a Royal Malay Regiment sergeant, aged 35. Fracture of fifth to tenth ribs. Hospitalized seven days. Unfit for work for two months. Pain in 6th rib at region in auxiliary line. Fracture not healed adequately. Inability to do heavy work for several years. No other disability. General damages: RM4,000. Special damages: RM57.50. Second plaintiff, a corporal in the first Squadron, Federation Engineers, aged 23. Surgical emphysema of right side, chest back and side. Fracture of ninth and tenth ribs. No permanent disability; hospitalized for eight days. General damages: RM1,500; Special damages: RM20. Third plaintiff, private in Royal Malay Regiment, aged 30. Fracture of eight and ninth right ribs. General damages: RM1,500. Special damages: RM20.

Digest :

Mat Derus bin Hamil & Ors v Sahadevan [1965] 2 MLJ viii High Court, Malacca (Ismail Khan J).

758 Quantum -- Body and internal organs

6 [758] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Rib injury – Fracture of ribs – Bruises on chest

Summary :

Male aged 27, manager of Kiaw Aik Hang Company Ltd, a finance company. Fracture of the eighth and ninth ribs anteriorly and bruises on his chest. Complete recovery. General damages: S$3,000. Special damages: S$446.

Digest :

Chong Kim Kee v Tan Kok Hua [1968] 2 MLJ xxii High Court, Singapore (Chua J).

759 Quantum -- Body and internal organs

6 [759] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Rib injury – Fracture of ribs – Intra-abdominal injury

Summary :

Married woman, fruit hawker aged 51. Suffered concussion, multiple abrasions over left cheek, left forearm and both knees; contusion of left forearm; fractures of left fourth to ninth ribs and intra-abdominal injury with avulsion of the greater omentum and laceration of the mesentery. Special damages agreed: S$724. General damages: S$5,000.

Digest :

Lim Soy Keow v Ng Yan Heng [1970] 1 MLJ xvii High Court, Singapore (Wee Chong Jin CJ).

760 Quantum -- Body and internal organs

6 [760] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ribs, shoulder blade and vertebra injury – Fracture – No permanent disability

Summary :

Female aged 62, odd job-labourer employed by HBM Ministry of Public Building & Works at the rate of S$140 a month. Only claimed three months away from work. Suffered from fracture of the scapula, fracture of seven ribs, and a chip fracture of the right upper corner of the 11th thoracic vertebra. There was no permanent disability. Recovered from the injuries. Special damages: S$1,000. General damages: S$8,000.

Digest :

Yong Kam v Neoh Her Leng & Anor [1970] 1 MLJ xvii High Court, Singapore (Wee Chong Jin CJ).

761 Quantum -- Body and internal organs

6 [761] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ribs and parietal region injury – Fracture of ribs – Blood clot due to injury to parietal region of skull – Abrasions on chest

Summary :

The plaintiff, a 44-year-old painter, sustained the following injuries as a result of a road traffic accident: (a) right parietal haematoma 4 cm in diametre; (b) 1.5 cm long laceration on right parietal region; (c) fracture of right seventh and eighth ribs; (d) linear abrasion 10 cm long, right chest, posterior aspect; (e) abrasions over right chest posterior. As a result of the head injuries, the plaintiff suffered postural giddiness which was probably due to minor labyrinthine dysfunction. The dizziness was expected to resolve two to three months from 28 November 1983 (12 months after the accident). General damages: S$2,000 for head injuries; S$3,000 for fracture of ribs and S$1,000 for abrasions. Special damages: S$414.

Digest :

Tan Kok Soon v Tan Peng Swee & Anor [1988] 1 MLJ xxxvii District Court, Singapore (Chua Lee Ming, Deputy Registrar).

762 Quantum -- Body and internal organs

6 [762] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Rupture of small intestine – Bruising of abdominal wall and surrounding tissues – Bruising of rectal muscles

Summary :

The plaintiff, a national serviceman, was 20 years old at the time of the accident, collision between plaintiff's motorcycle and defendant's lorry. The injuries sustained by the plaintiff were: (a) bruised abdominal wall and rectal muscle; (b) bloodstained fluid in abdominal cavity; (c) bruising of metroperitoneal tissue; (d) ruptured small intestine 5 cm in length. There was no functional residual deficits as a result of the accident except for the occasional abdominal pains. General damages: S$10,000. Special damages (agreed): S$170.

Digest :

Lee Cher Leong v Peh Kim Swee t/a Detron Warehouse Service Company [1988] 2 MLJ xxvii District Court, Singapore (Rahim Jalil DJ).

763 Quantum -- Body and internal organs

6 [763] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ruptured kidney – High blood pressure after accident – No evidence linking blood pressure to loss of kidney

Summary :

Case name: Rasul bin Rabdar v Loh Ah Muay Suit no: DC(T) 6929 of 1986 Coram: Tan Seck Sam, District Judge Date of hearing: 15 April 1988 Date of accident: 8 March 1984 Nature of accident: Road traffic Age of plaintiff: 24 years old at time of accident Brief description of injuries: Ruptured right kidney. Initially treated conservatively but subsequently nephrectomy done. Liability: Defendant 100% liable by consent Award (1) General damages - pain, suffering and loss of S$ 20,000 amenities (no loss of earnings suffered) (2) Special damages S$ 338.66 Interest: 6% on general damages from date of writ unit date of judgment. Authorities cited: Aziz bin Shariff v Easy Bus Company & Ors [1968] 2 MLJ xxlvii; Neo Soh Moy v Hytex Ltd [1977] 1 MLJ Ixxix; Hughes v Armitage Bros [1974] 16 KIR 459 reported in para 7-813 of Kemp & Kemp; Baker v Turtle QBD 19 October, 1985 reported in para 7-811/1 of Kemp & Kemp; Ng Moon Leong v Seema Balvantrai Goda [1986] 2 MLJ 405; Ho Kiat v Ngo Siong Hong [1986] 1 MLJ xcii.

Digest :

Rasul bin Rabdar v Loh Ah Muay DC Tan Seck Sam, District Judge

764 Quantum -- Body and internal organs

6 [764] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ruptured spleen

Summary :

First plaintiff, school teacher, aged 35. Ruptured spleen. Splenectomy was performed. No loss of earning. General damages: S$7,000 (S$4,000 for rupture to spleen, S$3,000 for fractured femur). Special damages: S$1,600 (agreed).

Digest :

Lee Teck Chin & Ors v Chew Peck Swee [1965] 2 MLJ viii High Court, Singapore (Buttrose J).

765 Quantum -- Body and internal organs

6 [765] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ruptured spleen – Fracture of pelvis – Abrasions on left loin and right elbow – No residual disability

Summary :

Male student, aged 21. Abrasions on left loin and right elbow; fracture of pelvic bone, rupture of spleen. Splenectomy was performed. Hospitalized 12 days. No residual disability, no loss of earnings. General damages: RM7,000 (RM3,000 for fracture of pelvic bone; RM4,000 for removal or loss of spleen); Special damages: RM89.

Digest :

Fazalur Karim & Ors v Sing Mah Plantation Ltd [1965] 2 MLJ viii High Court, Johore Bahru (Azmi J).

766 Quantum -- Body and internal organs

6 [766] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Ruptured spleen with blood clots – Laceration of renal artery – Kidney and spleen removed

Summary :

Plaintiff, a housewife, aged 36, suffered rupture of the spleen with two areas of sub-capsular haematoma. A branch of the left renal artery was lacerated and bleeding, causing a large retroperitoneal haematoma, as a result of which her blood pressure and pulse rate were low. Her left kidney and spleen were removed and she had an uneventful recovery. General damages: S$11,000 (S$7,000 for the removal of the kidney and S$4,000 for the removal of the spleen). Special damages: S$500 (agreed).

Digest :

Lim Swee Har v Gan Kim Choon [1968] 2 MLJ xxii High Court, Singapore (Choor Singh J).

767 Quantum -- Body and internal organs

6 [767] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Abrasion and compression fracture of lumbar vertebra with resultant neurological complications

Summary :

Case name: Ponniah s/o Kanthasamy v Teh Say Hua & Anor; Syarikat Telekom Malaysia Bhd (Third Party) Suit no: [1989] 2 CLJ 212 High Court, Johore Bahru Coram: LC Vohrah J Date of judgment: 29 September 1988 Date of accident: 14 December 1980 Nature of accident: Plaintiff, while working on top of a telephone pole, was thrown off the ladder when the upright shovel of a tractor driven by the first defendant became entangled with an aerial cable connected to the said telephone pole causing the pole on which the plaintiff was working to shake violently. Brief description of injuries: (a) abrasion and compression fracture of the first lumbar vertebra (b) cock-up of left toes at the interphalangeal joint level Disabilities: (a) loss of anal and urethral sphincteric control (b) saddle anaesthesia (c) loss of sexual activities (d) decrease sensation over the L5 and S1 dermatomes (e) brisk knee jerks and absent ankle jerks (f) spondylolysis at L5 level Liability: Defendants 100% liable Award: (1) General damages - for pain and suffering and RM 62,000 loss of amenities - loss of earning capacity RM 6,000 - estimated cost of surgical RM 10,000 operation for posterior spinal fusion (2) Special damages RM 1,119 Interest: (1) 8% pa on award for pain and suffering and loss of amenities from date of service of writ to date of judgment. (2) 4% pa on award for agreed special damages from date of accident to date of judgment.

Digest :

Ponniah s/o Kanthasamy v Teh Say Hua & Anor; Syarikat Telekom Malaysia Bhd (Third Party) [1989] 2 CLJ 212 High Court, Johore Bahru (LC Vohrah J).

768 Quantum -- Body and internal organs

6 [768] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Cervical disc lesion of cervical vertebrae

Summary :

First plaintiff, aged 47, suffered a cervical disc lesion at the level of the fifth and sixth cervical vertebrae with osteoarthritic changes. In hospital four days, discharged with cervical collar and continued to have outpatient treatment. No serious surviving injuries except that looking up for long periods caused discomfort and there was an inability to turn a full turn of the head towards the left. General damages: RM2,000.

Digest :

Kee Thiam Hock & Anor v Sital Sadhwani Bheroomal & Anor [1970] 2 MLJ xx High Court, Penang (Ong Hock Sim J).

769 Quantum -- Body and internal organs

6 [769] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Compression fracture of the body of second lumbar vertebra

Summary :

Plaintiff, a maid-servant, earning S$70 per month. She suffered a stable compression fracture of the body of the second lumbar vertebra. She was hospitalized for three days and followed up as an outpatient. Medical examination found her to be obese; there was a mild kyphosis in the dorso-lumbar region; tender over the upper lumbar spines especially over L2; movements of the spinal column was restricted to about half the normal range; there was no neurological deficit in the lower limbs. X-ray showed a compression fracture of L2 vertebra and the crushing was more evident on the left-hand side. She had a mild right-sided lumbar scoliosis. There was evidence of minimal osteoarthritic changes in the lumbar spine and a mild degree of osteoporosis in the spinal column. General damages: S$4,000 (for pain and suffering and loss of amenities). Special damages: S$500 (for pecuniary loss) and S$20 for transport expenses.

Digest :

Seet Kim Neo v Yong Kim Sun [1968] 2 MLJ xxii High Court, Singapore (Kulasekaram J).

770 Quantum -- Body and internal organs

6 [770] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Fracture and dislocation of thoracic vertebra – Damage to spinal cord – Plaintiff a paraplegic as a result of accident

Summary :

Case name: Ng Kah Heng v Ng Pek Choo Suit no: [1989] 1 CLJ 962 (High Court, Johore Bahru) Coram: LC Vohrah J Date of judgment: 2 November 1988 Date of accident: 1 September 1984 Nature of accident: Plaintiff falling off motorcycle after running into potholes on road and knocked from behind by motor car driven by defendant Age of plaintiff: 27 years old at time of hearing Occupation: Plasterer in building trade Earnings: RM1,000 pm Brief description of injuries: (a) fracture and dislocation of 12th thoracic vertebra (b) damage to spinal cord (c) loss of protective sensation below level of umbilicus Disabilities: (a) no voluntary control over passing of urine (b) no control over movements of bowels (c) confined to wheel-chair Liability: Defendant 30% liable; plaintiff 70% liable Award (on 100% basis): (1) General damages - pain and suffering and RM 120,000 loss of amenities including loss of expectation of life - cost of future nursing care RM 33,822 (on basis of 17 years' purchase at RM250 according to Annuity Table) (2) Special damages - cost of nursing care for RM 9,500 38 months from 1 September 1984 (date of accident) to date at RM250 pm - loss of earnings for 38 months RM 38,000 from 1 September 1984 to date at RM1,000 pm - special damages (agreed) RM 2,027 Interest: (1) 8% pa on award for pain and suffering and loss of amenities from date of service of writ to date of judgment. (2) 4% pa on special damages from date of accident to date of judgment. Authorities cited: Lim Kim Chai & Anor v Foo See Fatt [1970] 2 MLJ 207; Abdul Munir b Haji Abdul Rahman v Mohamed Adzha bin Hassan [1985] 2 MLJ cl; Tarmi bte Sanusi & Anor v Yusoff Bashah & Ors [1986] 2 MLJ cclvii; Lee Ann v Mohamed Sahari bin Zakaria [1986] 2 MLJ ccxi; Mohamed Fami Hassan v Swissco Pte Ltd & Anor [1986] 1 MLJ 461 at 464; Tominam bte Tukimin v Toh Kai Chup [1985] 2 MLJ 345 at 350; Tan Teck Chye v Chia Mee Sieng [1988] 2 MLJ xxvi.

Digest :

Ng Kah Heng v Ng Pek Choo [1989] 1 CLJ 962 High Court, Johore Bahru (LC Vohrah J).

771 Quantum -- Body and internal organs

6 [771] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Fracture of 12th thoracic vertebra – Gross fragmentation of body of L1 vertebra with a large fragment in the spinal canal

Summary :

The plaintiffs, both salespersons, were 28 and 27 years old at the time of the accident. The first plaintiff was earning S$1,000 per month and the second plaintiff was earning S$800 per month. The injury suffered by the plaintiffs were: (1) the first plaintiff sustained a wedge fracture of the 12th thoracic vertebra. As a result of the injury, he suffered from chronic backache and might be limited in his ability to do heavy work; (2) the second plaintiff sustained a compression fracture of the L1 vertebra. CAT scan showed gross fragmentation of the body of L1 vertebra, with a large fragment in the spinal canal. As a result of the injury, the second plaintiff suffered chronic pain and weakness in the lower limbs. Bladder and anal functions might also be affected. Further, if kyphosis (abnormal curvature of the spine) progressed, there was a risk of neurological damage. The risk was estimated at 5%. The first plaintiff was awarded; S$10,000 for pain and suffering; S$10,000 for loss of earning capacity and special damages: S$5,120. The second plaintiff was awarded S$20,000 (reduced to S$12,000 on appeal) for pain and suffering; S$25,000 (reduced to S$18,000 on appeal) for loss of earning capacity and special damages of S$2,812 for hospital and transport expenses and S$8,000 for loss of earnings for the past ten months.

Digest :

Chia Kim Boon & Anor v Singapore Bus Service (1978) Ltd [1988] 2 MLJ l High Court, Singapore (Chua Lee Meng, Assistant Registrar).

772 Quantum -- Body and internal organs

6 [772] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Fracture of second and third cervical vertebrae of the spine

Summary :

The plaintiff aged 33, sustained injuries as a result of an accident involving the motorcycle he was riding and the motorcar driven by the first defendant. The plaintiff was a contractor engaged in removing sand from a mine and he earned an average of RM330 per month. He suffered the following injuries: fracture of the second and third cervical vertebrae of the spine, fracture of the tibia and fibula, one inch shortening of the right leg and impairment of his mental faculty. General damages: RM47,453.60 being RM24,453.60 for loss of future earnings (at a multiple of 12 at an average loss of earnings of RM230), RM8,000 for fracture of the second and third vertebrae, RM10,000 for fracture of the right tibia and fibula and RM5,000 for general injuries. Special damages: RM1,570.60. The plaintiff was found 60% liable and damages were apportioned accordingly.

Digest :

Fan Kon Yin v MG Crane & Anor [1979] 1 MLJ xl High Court, Kuala Lumpur (Hashim Yeop A Sani J).

773 Quantum -- Body and internal organs

6 [773] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Fracture of thoracic vertebra – Limitation of lateral bending and lateral rotation

Summary :

Male, aged 23, shop assistant, earning S$200 per month. Fracture of the 12th thoracic vertebra; cannot carry or lift heavy weights; has back pain but this is relieved by rest. Excessive movement of the spine produces pain. He has a slight dorsal kyphosis. There is tenderness over the posterior aspect of the spine at two levels, one at the 12th dorsal vertebra and one rather higher. Marked limitation of extension of lateral bending and lateral rotation. X-rays revealed the fracture had healed with a considerable degree of deformity in that there is anterior wedging of the vertebral body. No loss of earnings. General damages: S$8,000. Special damages: S$1,000.

Digest :

Chua Siak Long v Teo Kung Seng [1966] 1 MLJ xxxiv High Court, Singapore (Winslow J).

774 Quantum -- Body and internal organs

6 [774] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Hyperextension of cervical spine

Summary :

The first plaintiff was a 37-year-old male nurse. He sustained a hyperextension injury of the cervical spine. He suffered occasional pain in the neck with radiation down to the left arm, associated with numbness when he sleeps at night. His symptoms were due to the ligamentous injury sustained at the time of the injury. With regard to the pain in the neck, it was possible that one of the nerve roots may have been stretched during the accident. The symptoms would subside with time but there would be some residual feeling of tiredness of the neck muscles. With the damage to the ligamentous structures, it was likely that he would develop osteoarthritic changes of the cervical spine. General damages: S$9,500. Special damages: S$40.

Digest :

Loy Get Hon & Ors v Singapore Bus Services (1978) Ltd [1984] 2 MLJ xxviii High Court, Singapore (Yap Chee Leong, Assistant Registrar).

775 Quantum -- Body and internal organs

6 [775] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Impotency – Fracture of right arm and left wrist

Summary :

The plaintiff was 52 years old at the time of the accident, and was a Personnel Officer earning a salary of S$1,950 per month. He was 57 years old at the date of the trial and was unemployed. The plaintiff suffered the following injuries: (a) hyperextension injury of the cervical spine with tetraparesis; (b) close fracture of the distal right radius; (c) comminuted fracture of the distal third of the left radius associated with dislocation of the distal radio-ulnar joint. He later developed; (d) deep vein thrombosis in the left leg; (e) nephrotic syndrome. General damages were made up as follows: (1) tetraparesis S$30,000; (2) fractured right radius S$5,000; (3) fractured left wristS $15,000; (4) kidney disease (temporary nature) due to Nephrotic syndrome S$5,000; (5) impotency (permanent) S$20,000, totalling S$75,000. Special damages: S$11,436 for transport costs incurred by family on visits; S$71,400 for loss of earnings (purchased at S$2,400 per month for 34 months, less S$10,200 actually earned during the 34 months); future loss of earnings at S$2,000 for six years.

Digest :

Harry Seah Hong Meng v Tan Siow Cher [1984] 2 MLJ xxix High Court, Singapore (Sinnathuray J).

776 Quantum -- Body and internal organs

6 [776] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Injury of cervical spine – Cerebral concussion – Plaintiff reduced to a permanent quadriplegic

Summary :

In this suit, the plaintiff sued the defendant for damages and costs for injuries sustained by him in an accident involving an army vehicle. The plaintiff, a lieutenant in the 12th Battalion Wataniah, was a passenger in the army vehicle in question at the material time when it ran out of control and skidded off the road and overturned resulting in the plaintiff sustaining a cerebral concussion and a cervical spine injury which had the effect of reducing him to a permanent quadriplegic. At the time of the accident, the first defendant who was then the captain of the same battalion, was driving the vehicle. When the matter came up for hearing, the second defendant (the government of Malaysia) raised a preliminary objection that they should be exempted from liability and the suit struck out as against them.

Holding :

Held, striking out the second defendant from the suit and finding the first defendant 100% to blame for the accident): (1) having regard to the certificate issued by the Minister of Finance under s 14(1)(b) of the Government Proceedings Ordinance 1956, the second defendant ought to be exempted from liability and the suit was accordingly struck out as against them by the learned judge. The first defendant could not be similarly exempted at this stage of the proceedings as it would be a premature step having regard to the plaintiff's statement of claim and in view of the proviso to s 14(1) of the Ordinance; (2) in the circumstances of the case, the first defendant was wholly to blame for the accident. Case name: Mohd Safian bin Mat Yusoff v Captain Yusoff Tahmali bin Mohd Dali & Anor Suit no: Civil Suit No 83 of 1981 (High Court, Ipoh) Coram: Abdul Malek J Date of hearing: 31 January, 3 March and 14 November 1987 and 20 November 1988 Date of accident: 6 September 1978 Nature of accident: Army vehicle ran out of control, skidded off the road and overturned Age of plaintiff: 28 years old at time of accident Occupation: Lieutenant in the 12th Battalion Wataniah of the army Earnings: RM1,115 pm (before the accident up to 23 November 1983. Plaintiff receiving a pension of RM493.94 pm from 24 November 1983) Brief description of injuries: (a) Cervical spine injury (b) Cerebral concussion Disabilities: Injuries had the effect of reducing the plaintiff to a permanent quadriplegic Liability: (1) General damages - pain and suffering and RM 180,000 loss of amenities - loss of future earnings RM 115,000 (multiplier of 11) - cost of future care RM 29,900 (multiplier of 11) (2) Special damages (agreed) RM 36 - for full pre-trial period of RM 36,900 123 months (at RM300 pm) Interest: (1) 8% pa on general damages from date of service of writ to date of judgment (except future losses). (2) 4% pa on special damages from date of accident to date of judgment. Authorities cited: Choo Fah Fatt & Anor v Che Rus bin Othman & Ors [1977] 1 MLJ 230; Zakaria bin Che Soh v Chooi Kum Loong & Anor [1986] 1 MLJ 324; Chang Fah Lin v United Engineers (M) Sdn Bhd & Ors [1978] 2 MLJ 259; Ho Teck Fah v Looi Wah Ha Looi Construction [1981] 1 MLJ 162; Chin Son Liong v Yau Yin Dass Vol 3 p 335; Teoh Suan Eng v Lew Meng Shin & Anor [1982] 1 MLJ 363; Ong Ah Ho v Ong Siew Hock Dass Vol 3 p 359; Raja Mokhtar bin Raja Yaacob v Public Trustee Malaysia [1970] 2 MLJ 151; Mohamed Fami Hassan v Swissco Pte Ltd & Government of the Republic of Iraq; Iraqi State Enterprise for Maritime Transport (Third Party) [1986] 1 MLJ 461; John s/o Netchumayah v Marimuthu a/l Govindan [1985] 2 MLJ cl; Abdul Rahim bin Ismail v Tan Tuck Meng [1987] 2 MLJ xix; Siti Rahmah bte Ibrahim v Marappan a/l Nallan Kounder & Anor (Ipoh High Court Civil Suit 25-320-87) (unreported).

Digest :

Mohd Safian bin Mat Yusoff v Captain Yusoff Tahmali bin Mohd Dali & Anor Civil Suit No 83 of 1981 High Court, Ipoh (Abdul Malek J).

777 Quantum -- Body and internal organs

6 [777] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Paralysis of limbs – Lifelong confinement to wheelchair

Summary :

Case name: Tan Eng Kwee v Junid bin Hj Abd Kadir & Anor Suit no: [1989] 2 MLJ xiv Coram: Quay Chew Soon, Assistant Registrar Date of hearing: 26 May 1988 Date of accident: 21 December 1986 Age of plaintiff: 69 years old at date of accident Brief description of injuries: (a) Hyper-extension injury of cervical spine (b) Momentary loss of consciousness from head injury (c) Loss of muscle power in lower limbs and in most parts of upper limbs (d) 13 of sphincteric control of bowel and bladder functions Disabilities: (a) Confinement to wheelchair on permanent basis (b) Permanent dependance on others to attend to the daily activities of living including toilet Liability: Plaintiff 10% liable; defendants 90% liable Award (based on 100% liability): (1) General damages - pain, suffering and loss S$ 110,000 of amenities - loss of expectation of life S$ 4,000 - nursing care (at S$4,400 per S$ 13,320 year for three years) (2) Special damages (agreed) S$ 20,081 Authorities cited: Au Kee Tuang v Lightweight Concrete Pte Ltd [1984] 2 MLJ xxix; Abdul Rahim bin Ismail v Tam Tuck Meng & Anor [1986] 2 MLJ cclviii; Tan Diang Boo & Anor v Lim Hai Phang & Anor [1988] 1 MLJ xxxvii; Karim bin Said v PG Md Tahir [1980] 1 MLJ 48; Teoh Sun Eng v Lew Meng Shin [1980] 2 MLJ xcix; Abdul Munir bin Hj Abd Rahman v Mohd Adzha bin Hassan [1985] 2 MLJ cl; John Netchumayah v Marimuthu Govindan [1985] 2 MLJ cl; Lee Ann v Mohd Shahari [1986] 2 MLJ ccxi; Tarmi bte Sanusi & Anor v Yusoff Bashan [1986] 2 MLJ cclvii.

Digest :

Tan Eng Kwee v Junid bin Hj Abd Kadir & Anor [1989] 2 MLJ xiv Quay Chew Soon, Assistant Registrar

778 Quantum -- Body and internal organs

6 [778] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Permanent damage to spinal cord – Fractures of second lumber vertebra – Complete paralysis of both lower limbs

Summary :

Case name: Kasirin bin Kasmani v The Official Administrator and/or the personal representative of the estate of Low Kiew Meng, deceased Suit no: [1991] 3 CLJ 2498 (High Court, Johore Bahru) Coram: LC Vohrah J Date of hearing: 25 July 1991 Date of accident: 31 May 1989 Nature of accident:Collision between plaintiff's palm oil tanker and deceased's car Occupation: Driver of palm oil tanker Brief description of injury: (a) Permanent damage to spinal cord (b) Fractures of second lumbar vertebra Disabilities: (a) Complete paralysis of both lower limbs requiring nursing care and wheelchair (b) Unable to control bladder and bowels (c) Unable to fulfil marital obligations Liability: Deceased car driver 80% liable; plaintiff 20% liable. Award (on 100% basis): (1) General damages - pain and suffering and loss of RM 105,000 amenities in respect of spinal injury - loss of future earnings (agreed) RM 65,500 - cost of future nursing care RM 29,500 (agreed) - cost of future wheelchairs RM 1,600 - cost of future urinary condoms RM 5,000 and bags (including those already purchased) (2) Special damages - pre-trial loss of earnings RM 18,000 (agreed) - pre-trial cost of nursing care RM 6,250 (agreed) - medical fees and fees for RM 552 medical reports, police documents and search at RIMV office (agreed) - transport and living expenses RM 960 of plaintiff's wife who resided at the place where plaintiff was hospitalized - cost of modification of RM 369 plaintiff's present wheelchair Interest: 8% pa on damages for pain and suffering and loss of amenities in respect of spinal injury from date of service of writ to date of judgment and 4% pa on special damages from date of accident to date of judgment. Authorities cited: Goh Beng Seng v Dol bin Dolah [1970] 2 MLJ 95; Lian Ann Lorry Transport & Forwarding Sdn Bhd v Govindasamy [1982] 2 MLJ 232; Teoh Suan Eng v Lew Meng Shin & Anor [1982] 2 MLJ 289; Abdul Munir bin Haji Abdul Rahman v Mohamed Adzha bin Hassan [1985] 2 MLJ cl; Lee Ann v Mohd Sahari bin Zakari [1986] 1 CLJ 572; Ng Kah Heng v Ng Pek Choo [1989] 1 CLJ 572.

Digest :

Kasirin bin Kasmani v The Official Administrator and/or the personal representative of the estate of Low Kiew Meng, deceased [1991] 3 CLJ 2498 High Court, Johore Bahru (LC Vohrah J).

779 Quantum -- Body and internal organs

6 [779] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Spinal injury – Subluxation of cervical vertebra

Summary :

Case name: Lim Kim Hua v Lim Keat Seng (Phoenix Assurance Public Ltd Co, co-defendant) Suit no: 1370 of 1988 (High Court, Singapore) Coram: James Leong Kui Yiu, Assistant Registrar Date of hearing: 11 May 1992 Date of accident: 12 November 1985 Nature of accident: Plaintiff's vehicle which was stationary was hit from behind by another motor vehicle. Age of plaintiff: 48 years old Occupation: Taxi driver Brief description of injuries: (a) Subluxation with instability of the first cervical vertebra (C1) from the second cervical vertebra (C2) Disabilities: (a) Subluxation of the cervical vertebra poses a danger to the plaintiff as long as it remains reduced and not-united (b) There is the possibility of spinal cord injury which may lead to neurological deficits including quadriplegia and death Liability: Defendants 100% liable. Award: (1) General damages - pain and suffering S$ 15,000 - loss of earning capacity S$ 5,000 (2) Special damages - loss and expenses S$ 8,471 - pre-trial loss of earnings S$ 36,600 Interest: Interest at 6%pa from 8 July 1988 on damages for pain and suffering and loss and expenses to date of judgment; 3%pa on pre-trial loss of earnings from 8 July 1988 to date of judgment.

Digest :

Lim Kim Hua v Lim Keat Seng (Phoenix Assurance Public Ltd Co, co-defendant) 1370 of 1988 High Court, Singapore (James Leong Kui Yiu, Assistant Registrar).

780 Quantum -- Body and internal organs

6 [780] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Thorax – Fracture of – skull laceration

Summary :

Case name: Wong Lai Kuan v Singapore Bus Service (1978) Ltd Suit no: DC Suit No 5 of 1988 Coram: Liew Thiam Leng, District Judge Date of hearing: 24 February 1989 Date of accident: 6 June 1985 Age of plaintiff: 18 years at date of accident Occupation: Clerk Brief description of injuries: (a) Stable compression fractures of T11 and T12. (b) 5cm laceration over the occiput of the skull. Disabilities: None Award: (1) General damages - fracture of T11 and T12 S$ 6,500 - laceration of skull S$ 1,500 (2) Special damages S$ 150.75 Interest: 6% pa from date of writ to date of judgment. Authorities cited: Tarmi bte Sanusi v Yusoff Bashah [1986] 2 MLJ cclvii; Tay Ah Lan v Singapore Bus Service Ltd [1985] 2 MLJ cxciii; Mohd Pubillah bin Omar v Lakhbir Singh a/l Jadgar Singh [1988] 1 MLJ xxxiii; Chia Kim Boon v Singapore Bus Service Ltd [1988] 2 MLJ 1; Lau Ee Ee v Tan King Kwong [1979] 1 MLJ 308; Fan Kon Yin v MG Crane & Anor [1979] 1 MLJ xl; Lim Yong Hyat v Goh Tong Eng [1979] 2 MLJ cxxxix.

Digest :

Wong Lai Kuan v Singapore Bus Service (1978) Ltd DC Suit No 5 of 1988 Liew Thiam Leng, District Judge

781 Quantum -- Body and internal organs

6 [781] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Urethra injury – Laceration of urethra

Summary :

The plaintiff, a nurse, was travelling in motor bus no CK1886 driven by the defendant from Kuantan to Singapore. When the bus reached Kuala Rompin and was about to stop, the plaintiff went to use the toilet in the bus. The whole toilet bowl collapsed when she sat on it; as a result she sustained a 3/4 inch laceration right of the urethral meatus. There was a linear soft scar about 3/4 inch long in the right sulcus between the Labium Majus and Labium Minus. There was pain upon erotic sensation due to the injury to the nerves in the region. There was also frequency and urgency in micturition possibly due to cystitis as a result of the ascending infection of the urinary bladder from the infected wound of the vulva. The plaintiff felt pain and pressure during menstruation. The defendant was found to be totally negligent. The plaintiff was awarded general damages of S$10,000 and special damages, S$184 with interest and costs.

Digest :

Ding Kai Kiw v Syarikat Ikatan Setia Bhd [1986] 1 MLJ lii High Court, Kuantan (Shaik Daud J).

782 Quantum -- Body and internal organs

6 [782] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Urethra injury – Rupture of urethra

Summary :

First plaintiff, male aged 10 (aged 6 years at the time of the accident), a school-boy. Abrasions over right thigh and right side of abdomen and a lacerated wound 1 inch over the lower part of right thigh. He had a partial rupture of his urethra and inability to pass urine. A urethral catheter was inserted to divert urine temporarily by a suprapubic cystostomy. There was hypertrophy of the scar over the right knee and abdominal wound. He has no difficulty or actual pain during micturition and the stream of urine has not become thinner than before. He would require dilatation of the urethra only when he has any difficulty or narrowing of the stream or passing urine. Because of the abdominal operation, there is also a slight chance of intestinal obstruction in future due to formation of adhesions inside. General damages: S$7,500 (S$5,500 for the incomplete rupture of the urethra and S$2,000 for the scars). Special damages agreed at S$120.

Digest :

Lim Yeow Hong & Anor v Oh Pang [1968] 2 MLJ ii High Court, Singapore (Buttrose J).

783 Quantum -- Body and internal organs

6 [783] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Wasting of muscles in left forearm – Scars on arms

Digest :

Au Yong Mee Yong & Ors v Hoo Ah Bee & Anor [1994] 3 MLJ ccxxxiii (Mohd Noor J)

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 821.

784 Quantum -- Body and internal organs

6 [784] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Whiplash injury

Summary :

The second plaintiff in the above case, Lee Fong Peng, was a 28-year-old married woman. She suffered whiplash injury of the cervical spine which is essentially a soft tissue injury of the muscles and ligaments of the cervical spine. Recovery from such an injury would usually be slow and there would be minor aches and pain for a few months. The whiplash injury could also be a factor in precipitating early spondylotic changes in the cervical spine. General damages S$8,800. Special damages S$100.

Digest :

Loy Get Hon & Ors v Singapore Bus Services (1978) Ltd [1984] 2 MLJ xxviii High Court, Singapore (Yap Chee Leong, Assistant Registrar).

785 Quantum -- Body and internal organs

6 [785] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Body and internal organs – Whiplash injury of cervical spine

Summary :

Case name: Poon Fook Ching & Anor v Tay Guan Bee & Anor Suit no: DC Suit No 5740 of 1986 Coram: Adrian Soon, District Judge Date of hearing: 8 January 1988 Dateof accident: 1 September 1985 Brief description of injuries: Whiplash injury of cervical spine; treatment with analgesics Liability: First defendant admitted 95% liability Award: First plaintiff (1) General damages for pain and S$ 2,800 suffering (on l00% basis) (2) Special damages (agreed) S$ 216 Second plaintiff Special damages (agreed) S$ 4,960 Authorities cited: Loy Get Hon v SBS (1978) Ltd [1984] 2 MLJ xxviii; Chow Fatt Kum & Anor v Lim Boo Huat DC Summons No 5867 of 1981; Lim Teow Seng v Goh Soon Poh DC Summons No 3102 of 19820 (unreported).

Digest :

Poon Fook Ching & Anor v Tay Guan Bee & Anor DC Suit No 5740 of 1986 Adrian Soon, District Judge

786 Quantum -- Death

6 [786] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Death – Claim for bereavement

Digest :

Abdullah bin Abd Rahman & Ors v Wong Hee & Anor [1994] 3 MLJ ccxxxi (Alauddin J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 1197.

787 Quantum -- Fatal accident

6 [787] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Soon Seh Kiong v Mat Lawi bin Hj Baharudin Suit no: Civil Suit No 325 of 1982 (Johore Bahru) Coram: LC Vohrah J Date of judgment: 20 July 1988 Date of accident: 10 December 1978 Occupation: Daily-paid rubber tapper for the past seven years (would be a monthly-paid wage-earner after her tenth year of employment) Earnings: Average RM259 pm (maximum monthly salary RM420) Liability: Defendant 100% liable Award: (1) Pre-trial loss for the period RM 6,225 10.12.78 to 31.5.82 (before deceased's 10th year of employment) (Multiplicand RM150 ' approximately 41[1/2] months) (2) Pre-trial loss for the period RM 17,625 1.6.82 to 19.7.88 (after deceased's 10th year of employment) (Multiplicand RM250 ' approximately 70[1/2] months) (3) Post-trial loss for 12 years RM 26,600 (according to annuity table) (4) Damages for loss of expectation RM 5,500 of life (as agreed) (5) Funeral expenses (as agreed) RM 1,000 (6) Cost of obtaining letters of RM 750 administration in respect of deceased's estate (as agreed) (7) Costs of this action Interest: - Awards (1), (5) and (6) carried interest at 4% pa from date of accident to date of judgment - Award (2) carried interest at 4% pa from 1.6.1982 to date of judgment - Award (4) carried interest at 8% pa from date of service of writ to date of judgment - Award (3) carried no interest Authorities cited: Gammell v Wilson & Ors [1981] 1 All ER 578.

Digest :

Soon Seh Kiong v Mat Lawi bin Hj Baharudin Civil Suit No 325 of 1982 LC Vohrah J

Annotation :

[Annotation: (1) Agreement has also been reached by the parties in this action as regards the period of pre-trial loss, namely, 112 months and the multiplier for the post-trial loss, namely, 12 years. In this action, the plaintiff who was the husband of the deceased, sued as administrator of the deceased's estate for damages for loss of expectation of life; future earnings pursuant to s 8 of the Civil Law Act 1956 in respect of the deceased's death and funeral expenses; (2) The learned judge thought it appropriate that the period of pre-trial loss should be considered in two parts, namely, one for the period when the deceased was drawing income on a daily-paid basis and the other on the monthly-paid basis so as to take into account the disparity in the multiplicands; (3) As to whether the employer's contribution under the Employees Provident Fund should have been added on to the loss that had been suffered by the estate the learned judge expressed the view that it should not since it could also be argued that the figure arrived at as the loss could be decreased by the amount the deceased would have had to pay out as her own contribution so that these two contributions cancel each other out.]

788 Quantum -- Fatal accident

6 [788] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Lau Kim Swee, The administrator of the estate of Lau Peng Chuan, deceased & Anor v Tee San Chuan & Anor Suit no: Civil Suit No 240 of 1984 (High Court, Muar) Coram: Richard Talalla, JC Date of hearing: 4 January 1990 Date of accident: 31 October 1983 Nature of accident: Accident occurred between motor lorry and motor cycle. Motor lorry encroached into the path of the motor cycle and collided into it. As a result of the collision, the rider of motor cycle, Lau Peng Chuan died. Age of deceased: 16 years old at time of accident Occupation: Mechanic (at the time of accident) Earnings: RM800 per month Liability: Defendants were held to be wholly liable for the accident. Award: (1) General damages - loss of expectation of life RM 6,000 - loss of future earnings during RM 47,750 the lost years at the rate of RM300 per month taking a multiplier of 20 years (2) Special damages - pre-trial loss of earnings at the RM 21,000 rate of RM300 per month as from 1 November 1981 until 4 September 1989 (70 months) - funeral expenses RM 2,000 - costs for taking out letters of RM 500 administration - loss of motor cycle No JAX RM 2,250 8158 - total wreck Interest: 4% pa on special damages from the date of accident until the date of judgment and 8% on award for loss of expectation of life from date of issue of writ to date of judgment. Authorities cited: Ludhian Transport v Chew Soo Lan (PC) [1979] 2 MLJ 209-211; Yahya v Abdul Rahma [1982] 1 MLJ 202-203; Chong Sow Ying v Official Administrator [1984] 1 MLJ 118; KR Taxi Service Ltd & Anor v Zaharah & Ors [1969] 1 MLJ 49; Yahya bin Mohamed v Chin Tuan Nam [1975] 2 MLJ 117; Mariam bte Ahad v Ernesto A Gacad & Anor [1986] 1 MLJ 266; Pang Ah Chee v Chong Kwee Sang[1985] 1 MLJ 153; Teoh Suan Eng v Low Meng Shin & Anor [1982] 2 MLJ 289; Mahmod bin Kailan v Goh Seng Choon & Anor [1976] 2 MLJ 239; Noora'ini bte Che Mat & Anor v Mat Din bin Salleh [1987] 2 MLJ xxiii; Sahara bte Abdul Samad v Chan Kwai Chuen [1982] 2 MLJ xlvii; Tengku Rosli v Tahir[ [1983] 2 MLJ 287 at 289.

Digest :

Lau Kim Swee, The administrator of the estate of Lau Peng Chuan, deceased & Anor v Tee San Chuan & Anor Civil Suit No 240 of 1984 High Court, Muar (Richard Talalla, JC).

789 Quantum -- Fatal accident

6 [789] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Rohani bte Mamat & Ors v Wan Ismail bin Wan Talib & Anor Suit no: Civil Suit No 193 of 1984 (High Court, Kuala Terengganu) Coram: Wan Mohamed J Date of hearing: 10 September 1988 Nature of Collision between motor car accident: driven by deceased and a motor bus driven by the first defendant. The second and third plaintiffs were pasengers in motor car driven by the deceased Occupation: Fisherman (second plaintiff) Charcoal producer (third plaintiff) Earnings: RM250 per month (deceased) RM350 per month (second plaintiff) Brief description of injuries: Second plaintiff (a) Total blindness of right eye (b) Injury to nose and loss of smell (c) Cerebral concussion (d) Bilateral fracture of maxillae, multiple laceration on upper and lower eyelids with scars on face and injury to mouth resulting in restriction of movement of jaws (e) Laceration on the dorsum of right hand with a severed extensor digitorum tendon resulting in limitation of movement (f) Simple fracture of stybid process of left radius (g) 7cm scar on right elbow and 5cm scar on dorsum of right hand Third plaintiff (a) Cerebral concussion (b) Bilateral periorbital haematoma (c) Fracture body of right mandible (d) Fracture right zygoma with minimal displacement (e) Long oblique fracture of first metacarpal of right hand (f) Closed comminuted Banton's fracture of lower end of left radius (g) Fracture styloid process of left ulna Liability: Defendants 75% liable; plaintiffs 25% liable. Award (on 100% basis): First plaintiff (Administratrix of estate of deceased) (1) General damages - lost of dependency RM 42,000 (2) Special damages (agreed) RM 7,162 Second plaintiff (1) General damages - total blindness of right eye RM 30,000 - injury to left eye RM 5,000 - injury to nose and loss RM 18,000 of smell - cerebral concussion RM 2,000 - injuries on face (item d) RM 20,000 - injuries on hands (items RM 14,000 (e)-(g) - pre-trial loss of earnings RM 11,400 - future loss of earnings RM 28,000 (2) Special damages (agreed) RM 540 Third plaintiff (1) General damages - cerebral concussion RM 2,000 - bilateral periorbital RM 1,000 haematoma - fracture body of right RM 4,000 mandible - fracture right zygoma RM 4,000 - long oblique fracture of first RM 4,000 metacarpal of right hand - closed comminuted RM 6,000 Banton's fracture of lower end of left radius - fracture styloid process of RM 5,000 left ulna - loss of earning capacity RM 13,200 (2) Special damages (agreed) RM 7,500 Interest: 4% pa on special damages for first plaintiff from date of accident to date of realization. 8% pa on award for injuries for second plaintiff from date of service of writ to date of judgment and 4% pa on special damages from date of accident to date of judgment. 8% pa on award for injuries for third plaintiff from date of service of writ to date of judgment and 4% pa on special damages from date of accident to date of judgment. Authorities cited: Goh Gok Siang v Goh Yew Teng Suit No 2254 of 1980 30th October 1980 (unreported); Kam Kok Beng v Chan Siew Kuan Dass [1979] 1 MLJ xxviii.

Digest :

Rohani bte Mamat & Ors v Wan Ismail bin Wan Talib & Anor Civil Suit No 193 of 1984 High Court, Kuala Terengganu (Wan Mohamed J).

790 Quantum -- Fatal accident

6 [790] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case Name: Official Administrator Malaysia & Ors v Yeoh Ah Lee alias Yeoh Bok Lee Suit No: Civil Suit No 1738 of 1985 (High Court, Ipoh) Coram: Abdul Malek J Dates of hearing: 13 April, 12 May and 30 November 1988 Date of accident: 7 August 1980 Nature of accident: Collision between motor-car driven by 1st deceased and that driven by defendant Age of 1st deceased: 51 years old at time of death Age of 2nd deceased: 42 years old at time of death Occupation: 2nd deceased a canteen operator Earnings: RM695 pm (1st deceased) RM900 pm (2nd deceased) Brief description of injuries: Third plaintiff (1) fracture of left humerus (2) fracture of right femur Fourth plaintiff (1) fracture of right femur (2) 1 inch long laceration on left side of forehead (3) haemotoma of right eye (4) fractures to right temporal and occipital bones Disabilities: Third plaintiff - unable to perform household chores in views of injuries sustained Liability: Defendant 50% liable; plaintiff 50% liable Award (on l00% basis): First plaintiff (1) General damages - loss of expectation of life RM 5,000 - loss of earnings (at RM525 RM 18,900 for three years direct multiplier) (2) Special damages (agreed) RM 1,020 Second plaintiff (1) General damages - loss of expectation of life RM 5,000 - loss of earnings (at RM900 RM 96,500 for pretrial period of 100 months = RM90,000 and balance of post-trial eight months RM6,500) (2) Special damages (agreed) RM 1,000 Third plaintiff (1) General damages - pain and suffering and loss RM 26,000 of amenities (with overlapping) - fracture of left humerus RM 7,500 - fracture of right femur RM 22,000 (2) Special damages - cost of domestic help RM 500 - (agreed) RM458 Fourth plaintiff (1) General damages - pain and suffering and loss RM 38,700 of amenities (with overlapping) - fracture of right femur RM 22,000 - laceration of forehead RM 1,000 - haematoma of right eye RM 12,000 - fractures to right temporal and RM 10,000 occipital bones (2) Special damages (agreed) RM 390 Fifth plaintiff (1) General damages (agreed) RM 500 (2) Special damages RM 40 Interest: (1) 8% pa on general damages, except for future losses, from date of service of writ to date of judgment. (2) 4% pa on special damages from date of accident to date of judgment. Authorities cited: Lau Yew Hong v Lee Hoe Hin Dass Vol 3 179; Liew Tien Yin v Kang Yong Seng Dass Vol 3 180; Ngiam Kee Huat v Chin Chiew Hiong & Anor Dass Vol 3 189; Yahya bin Mat & Anor v Abdul Rahman bin Abu [1983] 1 MLJ 302; Tan Khai Lai v Wan Hanisah bte Hi Mohd Yusoff Dass Vol 3 143; Sarip alias Sharif bin Omar & Anor v Hashim bin Awang & Ors Dass Vol 3 163; Ngiam Mia Kee v Tan Kian Pheng Dass Vol 3 172; Goh Seng Hock v Christopher Ronald Higgs Dass Vol 3 171; Cheng Choo Ping v Omar bin Hassan Dass Vol 3 173; Victor Alphonse Sebastian & Ors v Lee Ah Leek [1987] 1 MLJ xxi; Tan Song Kim v Neow Ah Jid & Anor Dass Vol 2 311; Ng Kim Weng (an infant) & Anor v Goh Nam Pheng Dass Vol 3 57; Tan Choon Kim v Lau Song Yap alias Lim Leong Choon Dass Vol 3 195; Tan Diang Boo & Anor v Lim Hai Phang & Anor [1988] 1 MLJ xxxvii; Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv.

Digest :

Official Administrator Malaysia & Ors v Yeoh Ah Lee alias Yeoh Bok Lee Civil Suit No 1738 of 1985 High Court, Ipoh (Abdul Malek J).

791 Quantum -- Fatal accident

6 [791] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Rafiah bte A Bakar v Razak bin Abd Wahab & Anor Suit no: Civil Suit No 25-1679 of 1986 (High Court, Johor Bahru) Coram: Abu Mansor J Date of hearing: 16 November 1989 Date of accident: 29 November 1985 Nature of accident: Collision between deceased's motor cycle and bus driven by first defendant and belonging to second defendant. Occupation: Apprentice welder Liability : Defendants 70% liable; deceased 30% liable. Award (on 100% basis): (1) General damages - past loss of dependancy RM 4,700 [-](47 months ' RM100 pm) - future loss of dependancy RM 14,500 (145 months ' RM100 pm) (2) Special damages (agreed) RM 1,672 Interest : 4% pa on special damages from date of accident to date of judgment and 8% pa on total sum from date of judgment to date of realization. Authority cited: Siti Rahman bte Ibrahim v Marappan a/l Nallan Koundar & Anor [1990] 1 CLJ 32.

Digest :

Rafiah bte A Bakar v Razak bin Abd Wahab & Anor Civil Suit No 25-1679 of 1986 High Court, Johor Bahru

792 Quantum -- Fatal accident

6 [792] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Tay Huat & Anor,The administrators of the estate of Ang Kim Leu, deceased v Hie Chee Keow Suit no: DC Suit No 5163 of 1986 Coram: Chan Wang Ho, Deputy Registrar Date of hearing: 2 October 1987 Date of accident: 25 November 1983 Age of deceased: 68 years old at time of death Earnings: S$300 per month Liability: Deceased was found to be 20% to blame. Award: (on 100% basis): (1) General damages: - loss of expectation of life S$ 6,000 - loss of earnings (lost years) S$ 9,000 at S$300 a month for 10 months a year for 3 years (2) Special damages - funeral expenses (agreed) S$ 300 - costs of letters of administration S$ 550

Digest :

Tay Huat & Anor,The administrators of the estate of Ang Kim Leu, deceased v Hie Chee Keow DC Suit No 5163 of 1986 Chan Wang Ho, Deputy Registr

793 Quantum -- Fatal accident

6 [793] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Seow Gek Soo (The administratrix of the estate of Ee Pinn Ian, deceased) v Chia Mun Fook Suit no: [1989] 1 CLJ 985 Coram: Abdul Malek J Date of hearing: 16 and 17 August, 29 September and 29 November 1988 Date of accident: 30 May 1984 Nature of accident: Collision between motorcar driven by defendant and another car in which deceased was a passenger Liability: Defendant 100% liable Award: (1) General damages (agreed) RM5,000 (2) Special damages (agreed) RM5,914 Interest: (1) 8% pa on general damages from date of service of writ to date of judgment. (2) 4% pa on special damages from date of accident to date of judgment.

Digest :

Seow Gek Soo (The administratrix of the estate of Ee Pinn Ian, deceased) v Chia Mun Fook [1989] 1 CLJ 985 High Court, Ipoh (Abdul Malek J).

794 Quantum -- Fatal accident

6 [794] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Leong Choon Thai, The administratrix of the estate of Lau Kem Hok, deceased & Anor v Loh Cheng Boon & Anor Suit no: Civil Suit No 25-33 of 1986 Coram: Abu Mansor J Date of hearing: 20 March 1990 Date of accident: 20 June 1983 Age of deceased: 40 years old at time of death Earnings: RM1,250 per month Liability: Defendants 100% liable (agreed). Award: (1) General damages - post-trial loss of earnings RM 59,058 (based on a multiplier of 14) (2) Special damages - pre-trial loss of earnings RM 68,850 (RM850 ' 81 months) - funeral expenses RM 3,000 - cost of Letters of administration RM 300 - loss of expectation of life RM 6,000 Interest: 4% pa on special damages except pre-trial loss of earnings from date of accident to date of judgment and 8% pa on pre-trial loss of earnings from date of accident to date of payment.

Digest :

Leong Choon Thai, The administratrix of the estate of Lau Kem Hok, deceased & Anor v Loh Cheng Boon & Anor Civil Suit No 25-33 of 1986 Abu Mansor J

795 Quantum -- Fatal accident

6 [795] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Wong Ai Seong & Wong Ah Moi (The Administratrices of the estate of Kay Hian Hock, deceased) v Lee Seng Siah & Anor Suit no: High Court Suit No 2530 of 1987 Coram: Kevin Tan, Assistant Registrar Date of hearing: 30 November 1988 Date of accident: 23 September 1985 Age of deceased: 34 years old Occupation: Bartender Earnings: S$1,250 pm Liability: Defendant 100% liable Award: (1) General damages - loss of expectation of life S$ 7,000 - loss of earnings (lost years) at S$ 85,530 S$1,250 pm S$1,250 ' 12 - S$350 (1ncome Tax) + S$1,800 (employer's CPF at 12%) = S$16,450 ' 13 years ' 40% (available surplus) - dependency claim by mother S$ 8,000 of deceased - dependency claim by widow and children of deceased awarded at S$80,400 but merged with claim for lost years (2) Special damages - funeral expenses S$ 3,500 - cost of letters of administration S$ 1,000 Interest: 6% pa from date of writ to date of judgment on award for loss of expectation of life, funeral expenses, cost of letters of administration and dependency claim by mother of deceased. Authorities cited: Low Kok Tong v Teo Chan Pan [1982] 2 MLJ 229; Chan Heng Wah v Peh Thiam Choh [1988] 1 MLJ 74; Hj Hassan bin Munap v Petrodril (B) Sdn Bhd [1988] 1 MLJ 338; Ponosamy Marie v Lim Teck Huat Suit No 4577 of 1986; Chong Keow v Shaari bin Yaacob 1988 BLD [March] 1344; Sebanan bte Hassan v Ang Ka Kial [1988] 2 MLJ xxxii; Lan Seng Hock v Tan Soon Guan [1988] 2 MLJ xxvii; Kemp & Kemp, The Quantum of Damages (4th Ed) vol 1 paras 22-006, 26-002; Gammel v Wilson [1987] 1 All ER 578.

Digest :

Wong Ai Seong & Wong Ah Moi (The Administratrices of the estate of Kay Hian Hock, deceased) v Lee Seng Siah & Anor High Court Suit No 2530 of 1987 High Court (Kevin Tan, Assistant Registrar).

796 Quantum -- Fatal accident

6 [796] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Tan Sung Choon (The administratrix of the estate of Foo Ai Ten, deceased) & Anor v Heng Mui Wah Suit no: HC Suit No 1673 of 1988 Coram: Wong Chee Keong, Assistant Registrar Date of hearing: 8 April 1989 Date of accident: 18 August 1986 Age of deceased: 38 years of age at time of death Occupation: Manager Earnings: S$856.60 per month Award: First plaintiff (1) General damages - loss of expectation of life S$ 7,000 (agreed) - loss of earnings (lost years) S$ 57,141.70 at 11 years at 35% of S$14,841.75 (gross annual salary) (2) Special damages - funeral expenses (agreed) S$ 4,500 Second plaintiff General and special damages (agreed) S$ 4,500 Interest: 6% pa for loss of expectation of life and funeral expenses from date of writ to date of judgment.

Digest :

Tan Sung Choon (The administratrix of the estate of Foo Ai Ten, deceased) & Anor v Heng Mui Wah HC Suit No 1673 of 1988 Wong Chee Keong, Assistant Registrar 8 April 1989

797 Quantum -- Fatal accident

6 [797] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Lee Chai Eng, The administrator of the estate of Goh Yong Meng, deceased v Lee Kim Pheng Suit no: High Court Suit No 672 of 1988 (Singapore) Coram: Kevin Tan, Assistant Registrar Date of hearing: 11 April 1989 and 20 July 1989 Date of accident: 23 December 1980 Age of deceased: 21 years of age at time of death Occupation: Salesman Earnings: S$700 per month (at time of death) Award: (1) General damages - loss of expectation of life S$ 6,750 (agreed) - loss of earnings for the S$ 94,544.51 'lost years' (pre-trial monthly earnings assessed at S$1,285, post-trial monthly earnings assessed at S$1,500, net prospective earnings S$315,148.38, available surplus at 30%, multiplier of 15 years) (2) Special damages - funeral expenses (agreed) S$ 3,000 - hospital expenses (agreed) S$ 308 - costs of repairs to motor cycle S$ 1,257.33 (agreed) Interest: 6% pa for special and general damages except 3% pa on pre-trial loss from date of writ to date of judgment.

Digest :

Lee Chai Eng, The administrator of the estate of Goh Yong Meng, deceased v Lee Kim Pheng High Court Suit No 672 of 1988 High Court, Singapore (Kevin Tan, Assistant Registrar).

798 Quantum -- Fatal accident

6 [798] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Roslan bin Haji Bongso v Belait United Traction Co Ltd & Anor Suit no: Civil Suit No 83 of 1989 (High Court, Brunei) Coram: Bokhary J Date of hearing: 4 and 5 December 1989 Date of accident: 22 June 1988 Nature of Coach owned by first defendant accident: and driven by second defendant collided with car driven by deceased Age of deceased: 26 years old at time of accident Occupation: Education officer Earnings: B$2,730 per month Liability: Defendants 100% liable. Awards: (1) General damages - loss of expectation of life B$ 6,500 - award of lost years B$ 454,995 (2) Special damages (agreed) B$ 3,630 Interest: 6% pa on the award for loss of the deceased's expectation of life from the date of writ to judgment and 3% pa on special damages from the date of the accident to judgment. Authorities cited: Hasiah bte Che Soh v Mohamed bin Awang [1974] 2 MLJ xi; Mariam bte Ahad v Ernesto A Gacad [1986] 1 MLJ 266; Ang Bee Tee v Liew Choon Kin [1965-1986] 1 BLR 357; Lita Maddox v Calito C Guinto [1987] 2 MLJ 757.

Digest :

Roslan bin Haji Bongso v Belait United Traction Co Ltd & Anor Civil Suit No 83 of 1989 High Court, Brunei (Bokhary J).

Annotation :

[Annotation: The plaintiff, who was the husband of the deceased, was awarded B$10,000 in his personal capacity in respect of his car which was destroyed in the accident. The sum carried interest at 3% pa from date of accident to judgment. The deceased was two months pregnant at the time of her death. The court did not think it proper that an award for the loss of the expectation of the life of the unborn foetus should be made.]

799 Quantum -- Fatal accident

6 [799] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Mohamed bin Ahmad, The administrator of the estate of Ibrahim bin Mohamad, deceased & Anor v Tan Hing Chai Suit no: DC (T) No 6656 of 1989 (District Court, Singapore) Coram: Ch'ng Lye Beng, Deputy Registrar Date of hearing: 13 September 1986 Age of deceased: 20 Marital status: Single Occupation: Pipe fitter (in national service) Earnings: S$17 per day at time of death Award: (1) General damages - loss of income for the S$ 32,713.20 lost years (15 ' S$7,269.60 ' 30%) - loss of expectation of life S$ 6,500 (agreed) (2) Special damages -(agreed) S$ 2,500 Interest: 6% on damages (except for lost years) from date of writ to date of judgment.

Digest :

Mohamed bin Ahmad, The administrator of the estate of Ibrahim bin Mohamad, deceased & Anor v Tan Hing Chai DC (T) No 6656 of 1989 District Court, Singapore (Ch'ng Lye Beng, Deputy Registrar).

800 Quantum -- Fatal accident

6 [800] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case Name: Kamala a/p Gopal & Ors v Rajendran a/l Ramasamy & Anor Suit No: [1989] 1 CLJ 1075 High Court, Johore Bahru Coram: LC Vohrah J Date of judgment: 18 September 1988 Occupation: Odd-job worker Age of plaintiff: 32 years old Earnings: RM1,000 pm Award: (1) General damages - pre-trial loss of dependency RM7,000 (RM500 ' 14 months) - post-trial loss of dependency RM48,330 (RM500 ' 10 years and 4 months) (2) Special damages - Bereavement RM10,000 - Funeral expenses RM1,500 - Cost of obtaining reports RM74 Interest: 12% pa on the awards for pre-trial loss and special damages from date of accident to date of judgment.

Digest :

Kamala a/p Gopal & Ors v Rajendran a/l Ramasamy & Anor [1989] 1 CLJ 1075 High Court, Johore Bahru (LC Vohrah J).

Annotation :

[Annotation: The learned judge apportioned two-thirds of the total damages to the plaintiff and the remaining one-third to the two children to be held in trust by the Public Trustee in equal shares until their majority. ]

801 Quantum -- Fatal accident

6 [801] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Choh Nyee Ngah & Anor v Syarikat Beruntong Sdn Bhd Suit no: [1989] 3 MLJ 112 High Court, Muar Coram: Eusoff Chin J Date of hearing: 23 April 1989 Date of accident: 17 June 1983 Age of deceased: 42 years old Occupation: Timber lorry driver Earnings: RM800 pm Liability: Defendant 100% liable Award: (1) General damages - future loss of dependency RM 23,380 (5 years multiplier) (2) Special damages - pretrial loss of dependency RM 29,250 (65 months ' RM450) - funeral expenses (agreed) RM 2,000 Interest: 4% pa on the sums awarded for funeral expenses and pretrial loss of dependency from date of accident to date of trial. Authorities cited: Miow Ah King v Ram Singh [1987] 1 CLJ 482 at 484; Barkway v South Wales Transport [1950] 1 All ER 392; Henderson v Jenkins [1969] 3 All ER 756; Owlery v Chatham [1970] RTR 462; Govinda Raju & Anor v Laws [1966] 1 MLJ 188.

Digest :

Choh Nyee Ngah & Anor v Syarikat Beruntong Sdn Bhd [1989] 3 MLJ 112 High Court, Muar (Eusoff Chin J).

802 Quantum -- Fatal accident

6 [802] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident

Summary :

Case name: Noorianti bte Zainol Abidin & Ors v Tang Lei Nge Suit no: [1990] 2 MLJ 242 (High Court, Kuala Lumpur) Coram: Lim Beng Choon J Date of hearing: 1 December 1989 Date of accident: 18 January 1980 Nature of: Collision between motor car accident: driven by defendant and another car driven by deceased and in which two other deceased were passengers Occupation: Postal clerk (first and third deceased) Postman (second deceased) Earnings: RM1,055 per month (first deceased) RM502 per month (second deceased) RM680 per month (third deceased) Liability: Defendant 100% liable. Award: Estate of first deceased (1) General damages - lost years RM 59,807 - loss of expectation of life RM 5,000 (2) Special damages (agreed) RM 1,250 Estate of second deceased (1) General damages - lost years RM 32,513 - loss of expectation of life RM 5,000 (2) Special damages (agreed) RM 1,250 Estate of third deceased (1) General damages - lost years RM 49,822 - loss of expectation of life RM 5,000 (2) Special damages (agreed) RM 1,250 Interest: 4% pa on special damages from date of accident to date of judgment and thereafter at 8% pa until realization. Authorities cited: Muniandy & Ors v PP [1966] 1 MLJ 257; Dato Mokhtar bin Hashim v PP [1983] 2 MLJ 232, 247; PP v Neoh Wan Kee [1985] 1 MLJ 368, 372; Kong Teik Choo & Ors v R [1956] MLJ 52; Yeoh Cheng Han v Official Administrator [1972] 2 MLJ 7; Foong Nan v Sagadevan [1971] 2 MLJ 24; Pickett v British Rail Engineering Ltd [1979] 1 All ER 774; Thangavelu v Chia Kok Bin [1981] 2 MLJ 277; Chan Heng Wah v Peh Thiam Choh [1988] 1 MLJ 74; Gammell v Wilson [1982] AC 27; Harris v Empress Motors Ltd [1984] 1 WLR 212, 228.

Digest :

Noorianti bte Zainol Abidin & Ors v Tang Lei Nge [1990] 2 MLJ 242 High Court, Kuala Lumpur (Lim Beng Choon J).

803 Quantum -- Fatal accident

6 [803] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

In this case, the deceased who received injuries in a collision in which the defendants' bus was involved, died three days later. The defendants admitted liability for negligence. At the time of his death, the deceased was 20 years old. He was an odd-job labourer who worked four or five days in a month as a rubber tapper earning between RM3 to RM6 a day. Four days a month he would be employed in opening up drains in the estate at RM6 a day and his other source of income was as a portrait artist. His total income was about RM150 to RM160. On the evidence, the learned judge held that the deceased's total contribution to his parents would amount to not more than RM40 a month. Taking all facts into consideration, the learned judge considered RM2,400 as adequate compensation to the parents; RM2,500 for loss of expectation of life and RM800 for pain and suffering. As the total awarded for loss of expectation of life and for pain and suffering (RM3,300) is in excess of RM2,400 awarded to the parents as dependants and therefore covers the loss to them as such dependants, the learned judge gave judgment for the plaintiff in the sum of RM3,300 and costs.

Digest :

Wong Kuee v Pahang Lin Siong Motor Co Ltd [1962] MLJ lxxxiii High Court, Raub (Ismail Khan J).

804 Quantum -- Fatal accident

6 [804] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

Deceased bachelor aged 29. Left parents as dependants to the extent of RM50 per month. An action was brought claiming special damages, damages under s 7 of the Civil Law Ordinance 1956 (Act 67) for the benefit of the parents, damages under s 8 of the Ordinance for pain and suffering and loss of expectation of life, and cost. Awarded, special damages: RM1,535; parents' dependency: RM3,000; loss of expectation of life: RM3,500; pain and suffering: RM250. Damages under s 8 merge with that under s 7.

Digest :

Yeoh Kean Chooi v Monagham [1964] MLJ lx High Court, Penang (Hepworth J).

805 Quantum -- Fatal accident

6 [805] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

The plaintiff as administratrix sued for loss of dependency on her own behalf and that of her husband's. She was 50 years old and her husband was 53 years old. The deceased was aged 23 at the time of his death. The parents of the deceased claimed loss of dependency at RM170 per month. By consent, judgment was entered based on 50% liability. General damages: RM8,000. Special damages: RM1,000.

Digest :

Teh Leh Wah v Yeo Kim Thye [1974] 2 MLJ xi High Court, Malacca (Ibrahim J).

806 Quantum -- Fatal accident

6 [806] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

In the present suit, the plaintiff is the father of the deceased who was killed in road traffic accident. At the time of his death, the deceased, aged almost 30, earned a salary of RM650 per month. He was unmarried and provided income for his family. The plaintiff was about 61 at the time of the deceased's death. There was evidence that his other son gave him RM150 a month. The court considered that the deceased would have given RM200 a month to his father and concluded that there would be a total award for general damages of RM10,392. Special damages: RM1,711. The defendant was adjudged 90% liable and damages were reduced accordingly.

Digest :

Lai Look Sow v Osman bin Abbas [1977] 1 MLJ lxxix High Court, Kota Bharu (Abdul Razak J).

807 Quantum -- Fatal accident

6 [807] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

This was a claim by the dependent father as administrator of the estate of his son who died in a motor accident. His son was earning RM150 and used to send him RM80 per month. General damages: RM4,500. Special damages: RM600.

Digest :

Amran bin Zakariah v Tang Kuan & Anor [1979] 1 MLJ xxxviii High Court, Kuala Lumpur (Abdul Hamid J).

808 Quantum -- Fatal accident

6 [808] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

The deceased, the pillion rider of a motorcycle died as a result of a motor accident. The first and second plaintiffs, his parents, brought a dependency claim against the defendant pursuant to the Civil Law Ordinance 1956 (Act 67), s 7. The deceased was 18 at the time of the accident. He was a painter with a monthly income of RM450. The court awarded a pre-trial loss of RM15,310 (RM250 x 61) and RM20,830.95 (RM300 x 84) for the 7 years after trial and RM1,500 agreed funeral expenses.

Digest :

Peh Seng Leh & Ors v Zainal bin Ariffin [1984] 1 MLJ lxix High Court, Kuala Lumpur (Norma Yaakob J).

809 Quantum -- Fatal accident

6 [809] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

The deceased was a 23-year-old bachelor employed as a bus driver with the Singapore Bus Service (1978) Ltd. He died in a fatal motor accident caused by the defendant's negligence. General Damages: RM82,272.64 (being RM4,000 for loss of expectation of life with interest at 8% thereon, RM33,288 for pre-trial losses with interest at 8% and RM44,984.64 for future loss of earnings. Special Damages: RM1,500 for funeral expenses with interest 8% interest per annum from the date of the accident.

Digest :

Tan Sang Eng & Anor v How Boon Kim & Anor [1985] 2 MLJ cxlviii High Court, Johore Bahru (Shankar J).

810 Quantum -- Fatal accident

6 [810] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

The plaintiff is the administrator of the estate of Yeap Kian Sin and claimed against the defendant damages for the benefit of dependants of the deceased who died as a result of a motor accident on 8 July 1978 in which the motorcycle ridden by the deceased was involved in a collision with a motor car driven by the defendant. The court found the defendant negligent and wholly liable for the accident. The deceased was working as a clerk and during his free time and weekends, he gave tuition to students. On the average, the court assessed his earnings at RM350 per month. At the time of his death, he was 21 years old. If he worked until the age of 55, he would have 34 years of working life. Awarded: loss of earnings at RM350 per month with 34 years' purchase: RM66,000. Special damages: RM2,445.

Digest :

Yeap Chooi v Wong Kum Keong [1987] 2 MLJ xxii High Court, Ipoh (Anuar J).

811 Quantum -- Fatal accident

6 [811] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

This is a claim for damages for the benefit of the deceased's estate. The deceased was a second-year university student majoring in mass communications. He was 22 years old at the time of the accident, a collision between the motorcycle ridden by the deceased and the defendant's motor bus. Awards were as follows: (1) RM4,000 for loss of expectation of life; (2) RM200,000 for loss of future earnings in the lost years, on the assumption that the deceased would have joined the government service (multiplier 28; multiplicand RM1,100); (3) RM850 for funeral expenses and costs of taking out letters of administration; (4) RM32,000 for loss of pension; and (5) costs of the action. Interest: award (1) carried interst at 6% pa from date of service of writ until date of judgment and award (3) carried interest at 3% pa from date of accident to date of judgment.

Digest :

P'ng Seok Ch'nia (suing as administrator of the estate of P'ng Soo Keat, deceased) v Chandra Bose s/o Makkali & Anor [1988] 2 MLJ lii High Court, Penang (Edgar Joseph Jr J).

812 Quantum -- Fatal accident

6 [812] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased adult child

Summary :

This is a claim for damages for the benefit of the deceased estate. It arose out of a collision between the third defendant's motorcar (in which the deceased and the second plaintiff were passengers) and a motor van driven by the first defendant and owned by the second defendant. The deceased was 24 years old at the time of death. Damages were awarded as follows: (1) claim for deceased's lost years (RM200 per month; multiplier 31) RM30,770; (2) loss of expectation of life -ÊRM5,000 (Note: there is no award for dependency claim since an award is given for lost years); (3) special damages: funeral expenses RM2,000; legal fees for obtaining grant of letters of administration -ÊRM250; stamp fees in obtaining grant of letters of administration - RM135; police documents and medical reports, RM108.

Digest :

Chua Leh Choo & Anor v Mohd Noor bin Ibrahim & Ors [1988] 2 MLJ xxxi High Court, Kota Bharu (Abdul Malek J).

813 Quantum -- Fatal accident

6 [813] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, a 33-year-old police sergeant, was a passenger in a police vehicle when it collided with a motor lorry driven by the defendant. On the facts, the learned judge found both drivers equally to blame. In assessing damages the learned judge said: 'There is no dispute about the amounts stated in evidence. The deceased earned RM226 per month, all of which he handed to his wife to be spent on her, himself and their only child who was born on 27 June 1955. Of this sum, RM100 was expended on the deceased, so that the balance of RM126 went to his wife and child. The first plaintiff is now in receipt of a widow's pension of RM53.43. The net financial loss to the dependants is therefore about RM75 per month or RM900 per annum. The deceased was 33 years old when he died. The widow is now 27 years old, and personable. Taking all relevant factors into consideration I would assess the damages at RM15,000 of which I apportion RM12,000 to the widow and RM3,000 to the child. The sum of RM355.39 on funeral expenses is not disputed. The child's share should be paid out to the Public Trustee. I therefore give judgment for the plaintiffs for the total sum of RM15,355.39 and costs to be taxed.'

Digest :

Sarjit Kaur & Anor v Wong Tong [1962] MLJ lxxxiii High Court, Kuala Lumpur (Ong J).

814 Quantum -- Fatal accident

6 [814] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a 44-year-old master-carpenter who was also a building sub-contractor. He died as a result of his motor-cycle colliding with a latex tanker lorry belonging to the first defendant. His widow as administratrix sued the owner and driver of the lorry for damage to the estate of the deceased by the premature loss of his expectation of life, and for loss suffered by herself and the deceased's six infant children who were dependent on him for their support. On the evidence adduced, the learned judge held that the second defendant's negligence was the sole and effective cause of the collision and the defendants were liable for damages. The learned judge assessed the compensation to the plaintiffs under s 7 of the Civil Law Ordinance 1956 (Act 67) at RM32,000. It was apportioned as follows: widow RM12,000, elder child RM1,000, second child RM3,000, third child RM3,500, fourth and fifth children RM4,000 each and sixth child RM4,500.

Digest :

Chan Yuit Yoke v H & C Latex Ltd & Anor [1962] MLJ xlvi High Court, Kuala Lumpur (Ong J).

815 Quantum -- Fatal accident

6 [815] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a 50-year-old insurance agent whose average earnings were in the region of RM425 per month. He was fatally injured when a motor car driven by the defendant, in which the deceased was travelling as a passenger, overturned. In an action for damages claimed by the administratrix of the deceased's estate under ss 7 and 8 of the Civil Law Ordinance 1956 (Act 67), the defendant did not contest liability. At the time of his death, the deceased had dependent on him a 44-year-old widow and four children, ie a son aged 19, two daughters aged 16 and 12 and lastly, a son of 10. The learned judge came to the conclusion that a fair and reasonable estimate of the loss suffered by these dependants would be RM20,000 and he apportioned this sum as follows: widow RM12,000, 19-year-old son RM500, 16-year-old daughter RM1,500, 12-year-old daughter RM2,500 and 10-year-old son RM3,500. In view of the award to dependants, the learned judge held it unnecessary to make any award of damages for loss of the deceased's expectation of life.

Digest :

Quah Chiew Keat v How Kim Huat [1962] MLJ xlvi High Court, Kuala Lumpur (Ong J).

816 Quantum -- Fatal accident

6 [816] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Deceased, a cook, aged 50, contributed RM140 per month for home expenses. Left widow and three children. Action by son as administrator for damages under Civil Law Ordinance 1956 (Act 67), ss 7 and 8. Compensation under s 7, RM10,000.

Digest :

Tan Sing Ngen v Paw Pan San [1964] MLJ lx High Court, Kuala Lumpur (Gill J).

817 Quantum -- Fatal accident

6 [817] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Deceased, night watchman, aged 50, earning S$110 per month (in addition he derived income from milk-selling assessed at S$190 per month, ie S$300 per month). Action brought by widow and four children. Award under Civil Law Ordinance (Cap 24) s 12: S$20,000. This amount was reduced by 20% for contributory negligence. On appeal, the Federal Court (19640 MLJ 246 (Civil Appeal No 47 of 1963, Barakbah CJ (Malaya), Wee Chong Jin CJ (Singapore) and Tan Ah Tah FJ) held that there was no contributory negligence and restored the award to S$20,000.

Digest :

Sijhadi Peer Baksh & Ors v Tan Toh Chin [1964] MLJ lx High Court, Singapore (Choor Singh J).

818 Quantum -- Fatal accident

6 [818] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Deceased, woodcutter and supplier of firewood, aged 27, earning between RM300 and RM400 per month. Left widow and three children. On a claim for special and general damages, RM28,500 was awarded for loss of services and RM3,500 for loss of expectation of life, but this figure was merged in the sum of RM28,500 to be apportioned: widow RM15,250; first child RM2,500; second child RM3,000; third child RM4,500; costs between solicitor and client RM2,500; and out-of-pocket expenses RM1,250.

Digest :

Khoo Tee Sing & Anor v Kuantan & Kuala Lumpur Express Co Ltd & Anor [1964] MLJ lx High Court, Raub (Hashim J).

819 Quantum -- Fatal accident

6 [819] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Deceased, aged 37 earning about RM180 per month. Left widow and 3 children. Special damages RM1,350. General damages RM15,000 and costs.

Digest :

Lim Ah Eng v Sim Fah & Anor [1965] 1 MLJ xii High Court, Raub (Gill J).

820 Quantum -- Fatal accident

6 [820] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a 33-year-old trishaw rider whose average earnings were claimed to be RM8 a day or RM240 a month. He was fatally injured when a motor car driven by the defendant ran into his trishaw. In an action for damages, (his dependants being two sons aged seven and five, two daughters aged nine and two and a widow aged 29) the widow claimed a loss at the rate of RM150 per month. The learned judge assessed the loss at the rate of RM120 a month for a period of 22 years, totalling RM18,950.40. In addition, RM700 was awarded for special damages on which he allowed interest at 5% per annum from the date of the accident to judgment; the interest amounted to RM87.50. The learned judge apportioned the damages as follows: RM12,000 to the widow together with the special damages amounting to RM787.50; RM1,250.40 to the elder daughter; RM1,850 to each of the two sons, and RM2,000 to the youngest daughter.

Digest :

Aminah bte Abdullah & Ors v Lim Kim Kher [1967] 2 MLJ xxix High Court, Muar (Ali Hassan J).

821 Quantum -- Fatal accident

6 [821] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, aged 37 was a lorry attendant. He died leaving a widow aged 40 and five children aged between five and 18. The widow claimed loss at the rate of RM170 a month. The funeral expenses claimed were RM750. The learned judge fixed the amount of dependency at RM150 a month and made an award for 20 years giving a total figure of RM22,428. In addition, RM750 was awarded for funeral expenses. Judgment was given for RM23,178.

Digest :

Raja Piah bte Dig Meliwa & Children v Chua Joo Tee [1967] 2 MLJ xxix High Court, Johore Bahru (Ali J).

822 Quantum -- Fatal accident

6 [822] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 40 years old and was employed as a captain or head waiter at the Clifford Cafe. He had eight children whose ages were 10, nine, eight, six, five, four, two and one. The learned judge assessed the loss to the widow and children at the rate of S$330 a month. Dependency was fixed by the learned judge on a basis of 15 years' loss and amounted to S$41,100. (S$3,000 was awarded to the estate, S$38,100 for the dependants; of the latter sum, $20,000 was awarded to the widow who was 30 years old, S$1,500 each to the 10 and nine- year-old children, S$2,000 each to the eight-year-old and six-year-old children, S$2,500 each to the five-year-old and four-year-old-children, S$3,000 to the two-year-old child and S$3,100 to the one-year-old child). In addition there was an award for funeral expenses of S$1,000 to the widow. The total judgment being for S$42,100.

Digest :

Foo Meun Sin & Anor v Joseph Navaratnam [1967] 2 MLJ xxviii High Court, Singapore (Winslow J).

823 Quantum -- Fatal accident

6 [823] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a proprietor of a provision shop and was 27 years old at the date of his death. The first widow was 29 years old and the second, 30 years old. The first widow had two children aged eight and six and the second widow had three children, aged five, four and one. The learned judge fixed the loss to the first widow and family at RM140 a month for 30 years and awarded RM25,800. He fixed the second widow's loss at RM170 a month for 30 years and awarded her RM31,300. In addition, he awarded funeral expenses amounting to RM1,000. The total award was therefore RM58,100. The RM25,800 awarded to the first widow and family was apportioned as follows: first widow RM16,800 plus RM1,000 funeral expenses; eight-year-old child RM4,500; six-year-old child RM4,500. As to the second widow and family the apportionment was as follows: widow RM20,800; five-year-old child RM3,000; four-year-old child RM3,000 and one-year-old child RM4,500.

Digest :

Ong Siew Yan & Ors v Donwilson Weeresekra [1967] 2 MLJ xxviii High Court, Johore Bahru (Azmi J).

824 Quantum -- Fatal accident

6 [824] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a labourer aged 40 at the date of his death in 1963. The widow was then 28 years old and the children were aged 11, eight, four and two respectively. The loss to the family was agreed at the rate of S$140 per month. General damages: S$17,500 (allowing S$140 a month for 15 years). Special damages: S$350.

Digest :

Muthusamy Latchimi & Ors v Union Construction Company [1968] 2 MLJ xlvii High Court, Singapore (Winslow J).

825 Quantum -- Fatal accident

6 [825] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The plaintiff was a housewife aged 27 at the date of the death of her husband in 1963. They had a daughter then aged two. The deceased was 34 years old and was a labourer. The dependence claim by the family was agreed at the rate of S$140 per month. General damages: S$20,000 (which was for loss expectation of 20 years). Special damages: S$350.

Digest :

Ranjitham v Union Construction Company [1968] 2 MLJ xlvii High Court, Singapore (Winslow J).

826 Quantum -- Fatal accident

6 [826] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, aged 36, was a professor at the Nanyang University. He was earning approximately S$800 per month with free quarters provided. The estimated value of the quarters being approximately S$350 per month. He gave his wife S$600 a month as household expenses. It was estimated that the food for the deceased cost about S$80 a month. He also sent S$45 a month to his parents and also sent goods to them estimated at about S$500 a year. The loss to the parents was therefore estimated at S$1,040 per year and to his widow and son about S$870 per month. In an action by his widow and another as administratrices for damages for the estate and for the benefit of his dependants, the court awarded S$67,350 by way of damages and ordered S$2,500 to be apportioned to the estate under s 7 of the Civil Law Ordinance (Cap 24), S$350 for costs of taking out letters of administration, S$63,500 to the dependants under s 12 of the Civil Law Ordinance and S$1,000 for funeral expenses. The S$63,500 was to be apportioned as follows: (1) to his widow, aged 29 S$42,500; (2) son aged three S$15,000; (3) father, aged 70 S$2,000 and (4) mother, aged 63 S$4,000.

Digest :

Lee Lian Eng & Anor v Green Bus Co Ltd [1968] 2 MLJ xlvii High Court, Singapore (Chua J).

827 Quantum -- Fatal accident

6 [827] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased aged 33 was an overseer employed by the Drainage & Irrigation Department, Perak. He earned a total monthly salary of RM285.50 and if he had lived, he would be able to reach RM506 per month in the scale. He left a widow, the plaintiff, aged 26 years and a daughter aged 6 and three sons, aged 4, 2 and 6 months old respecitvely. His father aged 60 was also a dependant. Dependency was found to be RM165 a month. General damages: RM27,500.

Digest :

Khasiah bte Hashim v Chin Kuan Yoon & Anor [1970] 1 MLJ xv High Court, Ipoh (Pawan Ahmad J).

828 Quantum -- Fatal accident

6 [828] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 29 years old at the date of his death and was employed as a lorry driver with a firm of building and civil engineering contractors and quarry owners. He was employed in driving the lorries full of granite from one place to another and was paid an average salary of S$370 a month in 1967. There was evidence that he would continue in his employment with that firm so long as he was in good heath. He had five children whose ages were 10, eight, six, four and two. The learned judge assessed the loss to the widow and children at the rate of S$240 a month. Dependency was fixed by the learned judge on the basis of 26 years' loss at S$240 per month which amounted to S$41,414. There was no claim made on behalf of the estate. Funeral expenses were agreed at S$750. S$25,000 was given to the widow in addition to the S$750 funeral expenses and the balance of S$16,414 was divided between the children.

Digest :

Ee Poh Chu v Cheah Eng Keat [1970] 2 MLJ xx High Court, Singapore (D'Cotta J).

829 Quantum -- Fatal accident

6 [829] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 36 years old at the date of his death and was employed by Esso Standard Limited as an aviation service foreman. His salary was S$944.88 a month inclusive of overtime. He left surviving him a widow aged 35 at the date of his death and a mother aged 57. There were no children. The judge held that the dependency for the widow was S$320 a month and the dependency for the mother was S$50 a month. He allowed the dependency to the widow for 19 years and awarded S$45,000. He allowed the dependancy to the mother for 16 years and awarded S$6,500 in addition to which, he awarded funeral expenses at S$700. The damages were halved because the judge found that the deceased was 50% to blame for the accident and the total award was therefore half of S$52,200, namely S$26,100 of which sum S$22,500 went to the widow by way of damages, S$350 for funeral expenses and S$3,250 for the mother.

Digest :

Chin Swee Lian (widow) & Ors v Tuan Chen Lown [1972] 1 MLJ lviii High Court, Singapore (Winslow J).

830 Quantum -- Fatal accident

6 [830] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 34 years old at the date of his death and was employed as a driver of a bull-dozer earning S$10 a day plus allowances. The average earnings were S$260 per month. He had five children whose ages were 12, 10, nine, seven and three. The learned judge assessed the loss to the widow and children at the rate of S$200 per month. Dependency was fixed by the learned judge on the basis of 21 years loss at S$200 a month which amounted to S$30,768. There was a further sum of S$750 awarded as agreed funeral expenses. S$19,250 was given to the widow of the S$30,768 and S750 in addition was given to her for the funeral expenses. The balance of S$11,518 was divided between the children.

Digest :

Neo Kim Swee v Sawi bin Hajah [1972] 2 MLJ lviii High Court, Singapore (D'Cotta J).

831 Quantum -- Fatal accident

6 [831] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a lagger employed by the Naval Base and would have been transferred to the Sembawang Shipyard. The agreed dependency was at the rate of S$270 per month. The deceased was 34 years old at the date of his death and the widow was the same age. There were in addition 11 children whose ages range from 15 years down to seven months. The learned judge accepted the dependency loss at the rate of S$270 a month and fixed the award at S$41,500 allowing a dependency of 21 years and in addition, awarded S$600 for funeral expenses and S$500 for damage to the motor cycle. The damages were halved and as a result, S$18,875 was awarded for the dependency, S$1,700 for the estate, S$175 for letters of administration, $600 for funeral expenses and S$250 for damage to the motor cycle; a total of S$21,600. The award of S$41,500 was reduced to S$37,750 allowing S$3,750 for the estate out of which a sum of S$350 had to be paid for the cost of letters of administration.

Digest :

Quah Kim Teok & Ors v Seah Boon Chye & Ors [1972] 2 MLJ lviii High Court, Singapore (Tau Ah Tah J).

832 Quantum -- Fatal accident

6 [832] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 32 years old and was employed as a cook earning S$275 a month. He died leaving a widow aged 30 and four children whose ages ranged between 10 years and four. The loss to the widow was assessed at S$200 a month and the Chief Justice awarded S$28,000 as general damages which was worked out by using a multiplier of 18 years. The Chief Justice indicated that the widow had a reasonably good chance of remarriage.

Digest :

Pang Kim Boey v Khang Ah Chiang [1972] 2 MLJ lviii High Court, Singapore (Wee Chong Jin CJ).

833 Quantum -- Fatal accident

6 [833] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a labourer in the defendants' tin mine and was aged 28 at time of death. His wages were RM150 per month. He left surviving him a widow 22 years old and a son aged one at the time of his death. General damages: RM15,811.20 (based on RM90 per month for 27 years). Special damages: RM650.

Digest :

Permabyee d/o Permal v Sharikat Killinghall Bijeh Timah Bhd [1974] 2 MLJ xi High Court, Kuala Lumpur (Mohamed Azmi J).

834 Quantum -- Fatal accident

6 [834] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 40 years old at the date of his death and was an itinerant peanut vendor earning approximately S$300 a month and the loss claimed for the dependants was at the rate of S$225 per month. He had four children, whose ages were nine, eight, six and two. There was a sum of S$6,525 awarded as agreed special damages for 29 months at S$225 per month. The learned judge assessed the loss to the dependants at the rate of S$270 a month for 16 years and awarded a further S$35,000. There was a further sum of S$850 awarded as agreed funeral expenses. Judgment for the plaintiff was a total sum of S$42,375 and costs.

Digest :

Go Nan Tian @ Go Nang Tian v Lee Sim Joo [1975] 2 MLJ ii High Court, Singapore (Tan Ah Tah J).

835 Quantum -- Fatal accident

6 [835] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Plaintiff is the widow of the deceased who was killed in an accident. Parties agreed to quantum of damages. General damages: RM11,000.

Digest :

Leong Whye Qui v Lee Tham Thien & Ors [1977] 1 MLJ lxxix High Court, Kuala Trengganu (Abdul Razak J).

836 Quantum -- Fatal accident

6 [836] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Plaintiff is the widow of the deceased who was killed in an accident. Deceased was a police corporal, aged 43 when he died. Earned RM250 per month. General damages: RM30,00. Special damages: RM600.

Digest :

Raonah @ Hawa bte Ismail & Ors v Lau You Ka & Anor [1977] 1 MLJ lxxix High Court, Muar (Gill CJ).

837 Quantum -- Fatal accident

6 [837] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

Deceased aged 47 at time of his death used to earn S$350 a month as a newspaper vendor. Plaintiff, his widow, claimed S$230 as monthly loss to herself and the family caused by the death of her husband. Post mortem examination of the deceased revealed that he was suffering from cirrhosis of the liver and that this condition would shorten his life by 10 years. Normal expectation of life in Singapore is now 68 years. Court considered all contingencies in life, including the chances of some of the children ceasing to be dependants, the factor of the deceased suffering from cirrhosis of the liver in the context of a life expectation of 68 years and that of the deceased being self-employed. Award was based on a 6-year multiplier. General damages: S$21,665. Special damages: S$1,100 (for funeral expenses and repairs to a motor cycle).

Digest :

Ho Sum Loy v Chia Kong Fong [1977] 2 MLJ xci High Court, Singapore (Rajah J).

838 Quantum -- Fatal accident

6 [838] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

This was a claim for dependency by the plaintiffs which arose out of the death of one Tan Chong Seng involving a lorry driven by the defendant and a motor car in which the deceased was travelling as a passenger. The deceased aged 33 at the time of the accident was employed as Administrative Manager and he earned a salary of RM4,306 per month. Agreed general damages: RM235,000. Special damages: RM5,000 (funeral expenses).

Digest :

Wong Lin Ying & Ors v Kee Sok Cheng [1979] 1 MLJ xxxviii High Court, Alor Setar (Syed Agil Barakbah J).

839 Quantum -- Fatal accident

6 [839] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The widow testified that her husband, aged 40 at the date of the accident, was a padi planter earning RM250 per month. General damages: RM12,000 (for loss of dependency at RM120 per month at 11 year purchase). Special damages: RM300.

Digest :

Ondin bte Haji Osman v Kamarudin bin Aman & Anor [1979] 1 MLJ xxxviii High Court, Kuala Lumpur (Abdul Hamid J).

840 Quantum -- Fatal accident

6 [840] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The plaintiffs were administratrices of the estate of one Lim Chuan Ong, the deceased who died when his bicycle collided with a motor bus driven by the first defendant. The deceased was found to be 80% at fault for the said accident. The deceased aged 36 years, earned RM180 per month. The court allowed a dependency of 15 years. General damages: RM22,420.07 (plaintiffs were therefore given one fifth of the said sum). Agreed special damages: RM1,000.

Digest :

Lee Kion Nai & Anor v Osman bin Mat Halib & Anor [1980] 1 MLJ xlvi High Court, Penang (Gunn Chit Tuan J).

841 Quantum -- Fatal accident

6 [841] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was 29 years old at the date of his death and was a labourer earning an average of S$240 per month. He had four children whose ages were 11, nine, seven and two. There was a sum of S$26,500 awarded as special damages for 106 months at S$250 per month. The learned judge assessed the loss to the dependants at the rate of S$300 a month for 17 years and awarded a sum of S$40,500. The learned judge also assessed loss of expectation of life under the estate claim at S$5,500. Funeral expenses agreed at S$500. Judgment for the plaintiffs at a total sum of S$67,500 and costs.

Digest :

Sahara bte Abdul Samad & Ors v Chan Kwai Chuen & Anor [1982] 2 MLJ xlvii High Court, Singapore (Kulasekaram J).

842 Quantum -- Fatal accident

6 [842] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased and his wife, the first plaintiff, were involved in a motor accident caused by the negligence of the first defendant, the driver of the motor car. As a result of the said accident, the plaintiff suffered minor injuries but her husband died the following day. The plaintiff was awarded RM1,000 as agreed general damages for pain and suffering, RM1,000 for funeral expenses, and RM91 for one week's loss of earnings. The deceased was 38 years old at the time of his death. At the date of the trial he would have been 45. He was a self-employed sub-contractor and earned between RM700 and RM800 per month. Pre-trial loss of dependency at RM400 per month for 80[1/2] months (from the date of the accident to date of trial) totalled RM32,000. Post-trial loss at 10 years' purchase at RM500 per month under the actuarial table amounted to RM46,330. The dependency claim was therefore allowed at the sum of RM78,530.

Digest :

Chang Siew Leng (widow) & Ors v Chia Kam Min [1984] 1 MLJ lxix High Court, Kuala Lumpur (Siti Norma Yaakob J).

843 Quantum -- Fatal accident

6 [843] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased was a 40-year-old lumberjack when he met with a fatal motor accident caused by the negligence of the first defendant bus driver. His widow testified that her husband earned over RM1,000 as a chain-saw operator and gave her RM600 a month for household expenses and their 5 children. General Damages: RM54,200 (being 15 years from the date of the accident for the first 2 years at RM500 per month, the next 3 years at RM400 per month and thereafter for 10 years at RM300 per month amounting to RM54,200). Special damages: RM1,000 with interest at 4% per annum from the date of the accident.

Digest :

Chang Sam Moi v Abdullah bin Omar & Anor [1984] 1 MLJ lxix High Court, Kuantan (George J).

844 Quantum -- Fatal accident

6 [844] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, his daughter and her friend (who were both riding pillion) met with an accident when the deceased's motor-cycle collided with the defendant's motorbus. The deceased was 50 years old at the time of his death and was running a coffeeshop business together with his wife and one of their children. His widow testified that the deceased also attended to other odd jobs in the building industry while she and her children ran the coffeeshop. The court held that the deceased was 75% to blame for the collision. No award was made as to loss of income from the coffeeshop considering the widow had ample experience in running the coffeeshop when the deceased was not there. As regards the deceased's other business, the court held that RM250 per month represented a fair estimate of the deceased's earnings and of this sum, RM100 was for his expenses and RM150 being earnings after expenses. The assessment of the loss of earnings for the 'lost years' was RM12,600 (7 ' 12 ' 150). Since the deceased was 75% to blame, the net figure was reduced to RM3,150. Loss of expectation of life was assessed at RM5,000 and accordingly apportioned to RM1,250 on a 75% liability basis.

Digest :

Rafiah bte Daud & Anor v Shukor bin Dasuri & Anor [1985] 2 MLJ cxlvii High Court, Johore Bahru (Shankar J).

845 Quantum -- Fatal accident

6 [845] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, while riding a motor-cycle, was involved in a collision with a motor lorry driven by the first defendant. The deceased was a teacher who was 33 years old at the time of his death. He earned about RM600 per month. Value of dependency was assessed at RM400. Number of years of purchase of the annuity was fixed at 16. RM500 was also awarded being the cost of the tombstone and special damages as agreed. The deceased was found to be liable to the extent of 80% and the defendant 20%. All damages were accordingly apportioned.

Digest :

Rasamah a/p Perian & Anor v Goh Ngeu Bong & Anor [1985] 2 MLJ cxlviii High Court, Seremban (Peh Swee Chin J).

846 Quantum -- Fatal accident

6 [846] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased died in a collision between his motor-car and the defendant's motor lorry. He was 48 years old and was earning $705 a month as a teacher. The collision was a result of his own negligence but had his case been successfully proved, the judge would have awarded damages as follows: pre-trial loss of $18,000, based on a dependency of $250 a month from date of accident to date of hearing, ie six years; post-trial loss of $36,0000, based on five years of active purchase (earnings of $1,045 less expenses, giving a sum of $600 a month and a multiplier of five). He would also have been awarded $4,000 for loss of expectation of life and $1,000 as special damages for funeral expenses.

Digest :

Mohamed Roshi bin Chik v Arumugan s/o Manickam & Anor [1986] 1 MLJ lii High Court, Temerloh (Shaik Daud J).

847 Quantum -- Fatal accident

6 [847] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The deceased, Khasbullah bin Shaari was killed on 16 June 1971 at about 3.20 pm in a collision involving a lorry and a bus. The deceased was riding as an attendant in the lorry. The lorry was driven by the third defendant. The bus was driven by the first defendant as servant or agent of the second defendant. The deceased was 27 years old when he died. He was earning RM350 per month as a lorry attendant. The plaintiffs administratrix and co-administrator of the estate of the deceased instituted this action under ss 7 and 8 of the Civil Law Act 1956 (Act 67). The court found the third defendant wholly liable for the collision. Damages were awarded as follows: pre-trial loss of earnings (64 months x RM200 per month) RM12,800; post-trial loss of earnings (14 years x RM200 per month)ÊRM23,800. Special Damages (agreed): RM1,000.

Digest :

Noora'in bte Che Mat & Anor v Mat Din bin Salleh [1987] 2 MLJ xxiii High Court, Alor Setar (Lim Beng Choon J).

848 Quantum -- Fatal accident

6 [848] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

This dependency claim was instituted by one Loke Ah Ngan in her own capacity and on behalf of her children. The deceased met with a fatal accident when his motorcycle collided with the defendant's motorcycle. Awarded: (1) pre-trial loss of earnings (with 4% interest pa) RM9,825; (2) post-trial loss of earnings RM5,817.

Digest :

Loke Ah Ngan v Chong Che Keong [1987] 2 MLJ xxii High Court, Temerloh (KC Vohrah J).

Annotation :

[Annotation: This action was tried together with the plaintiff's claim for personal injuries which she sustained in the same accident.]

849 Quantum -- Fatal accident

6 [849] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The plaintiff, widow of the deceased, brought this action against the dependant claiming damages for the benefit of the deceased's estate and also for loss of support of the dependants of the deceased, comprising herself and her children. The deceased was a teacher earning RM202 per month. He was 30 years old at the time of the accident, a collision between the deceased's motorcycle and first defendant's lorry. The court held that the deceased was to be held wholly liable for the accident. It was also held, alternatively, that if the defendants were liable, damages should be awarded as follows: (1) pre-trial loss of dependency (RM202 x 114 months) RM23,028; (2) post-trial loss of dependency (multiplier 10; multiplicand RM500) RM46,350; (3) loss of expectation of lifeÊRM5,000; (4) special damages for funeral expensesÊRM600. Interest: (i) special damages would carry interest at 3% pa from date of accident to date of trial; (ii) general damages would carry interest at 6% pa from date of service of the writ to date of the trial.

Digest :

Dewaramah a/p Ellapin v Ibrahim bin Abdul Hamid & Anor [1988] 1 MLJ xl High Court, Alor Setar (Lim Beng Choon J).

850 Quantum -- Fatal accident

6 [850] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband

Summary :

The plaintiff, the deceased's wife, brought an action against the first defendant, for damages for the deceased's estate and the loss of support of the dependants from the deceased, comprising herself and her five children. The deceased, a stallholder, was 42 years old at the time of the accident. He was earning RM700 per month. Damages were awarded as follows: first plaintiff (deceased's wife) (1) loss of dependency for deceased's wife and five children from death of deceased to wife's remarriage on 13 August 1979 (RM220 per month for 16 months) RM3,520; (2) loss of dependency for deceased's five children from date of wife's remarriage on 13 August 1979 to date of trial on 27 June 1987 (RM150 per month for 94 [1/2] months)ÊRM14,175; (3) loss of dependency for deceased's five children for the post-trial period (RM150 per month for 4[1/2] years) RM7,090; (4) special damages: Funeral expenses (standard prevailing sum)ÊRM1,500; repairs to car RM3,068. Interest (first plaintiff): awards (1) and (4) carried interest at 4% pa from date of the accident; award (2) carried interest at 4% pa from date of the remarriage.

Digest :

Sebanon bte Hassan & Anor v Ang Ka Kial & Anor [1988] 2 MLJ xxxii High Court, Johore Bahru (LC Vohrah J).

Annotation :

[Annotation: The court allowed loss of dependency in respect of the five children on the authority of Mead v Clark Chopman & Co Ltd [1956] 1 All ER 44 as the defence had not proved that the children had ceased to be dependants in consequence of their mother's remarriage. As the deceased was 42 years at the time of his death, the court considered that a purchase of 14 years to be fair and reasonable.]

851 Quantum -- Fatal accident

6 [851] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased husband – Deceased were trespassers

Summary :

This was an action by two administrators of the estates of two deceased labourers. The deceased were at no time employed by the defendant firm, but they were in the habit of mounting the defendant's lorry, when it came to their village to collect labourers, for the purpose of going about their own business. On the day in question, the lorry overturned while on its way to the defendants' estate, as a result of which the deceased were killed. The first deceased was 25 years old and his earnings were RM4 a day. He left a widow, 19 years old, and a daughter 1[1/2] years old. Taking into consideration the hazards of the deceased's employment, the learned judge gave him a working life of a further 25 years. Considering also that his young widow might remarry when the child grows older, a sum of RM7,434 was awarded (apportioned: RM4,434 for the widow, RM3,000 for the infant). The second deceased was 29 years old and his earnings were also RM4 a day. He left a widow and four children. Taking into consideration the hazards of his employment the learned judge gave him a working life of at least another 20 years. Considering also the likelihood of his widow's remarrying very much less, a sum of RM10,466 was awarded (RM4,466 to the widow, first and second children RM1,250 each, third child RM1,500 and fourth child RM2,000).

Digest :

Idris & Anor v Chuan Seng & Co Pineapple Factory [1962] MLJ xlvi High Court, Johore Bahru (Adams J).

Annotation :

[Annotation: On appeal by the defendants, the Court of Appeal [1962] MLJ 239 (Thomson CJ, Hill and Good JJA 31 March 31 1962) held, allowing the appeal, that the deceased were trespassers, and therefore the appellants were not liable for their servant's negligence.]

852 Quantum -- Fatal accident

6 [852] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased minor child

Summary :

The deceased was a bachelor, aged 19. He met with an accident on 28 June 1969 and he suffered brain injury which rendered him unconscious and he remained in a coma until 6 November 1969, a period of about 4[1/2] months. He died on 22 December 1969, about 1[1/2] months after he had regained consciousness. He had some movements in the right upper and lower limbs but he was incontinent and his left upper and lower limbs were spastic. He died as the result of choking when eating a biscuit. The Deputy Registrar awarded S$4,000 for pain and suffering, S$3,500 for loss of expectation of life and S$800 for funeral expenses.

Digest :

Khoo Eng Cheng, administrator of the estate of Khoo Chye Seng, deceased v Chew Kok Thai [1973] 1 MLJ xxviii High Court, Singapore (Michael Khoo Kai Lip, Deputy Registrar).

853 Quantum -- Fatal accident

6 [853] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased minor child

Summary :

The plaintiff aged 53 years at the time of his son's death sued the defendant for damages on a dependency claim. The deceased was 18 years of age at the time of the accident. The court found liability against the defendant absolutely and found the loss of dependency at a figure of RM50 per month. It awarded a sum of RM4,500 on a multiplier of 10 years.

Digest :

Yong Wee Yen v Mohd Yusop bin Salleh [1974] 2 MLJ xi High Court, Malacca (Pawan Ahmad J).

854 Quantum -- Fatal accident

6 [854] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased minor child

Summary :

This is a dependency claim and a claim for damages for the benefit of the deceased's estate. The deceased was 21 years old at time of death and was earning S$300 per month. Damages were awarded as follows: (1) loss of expectation of lifeÊS$7,000; (2) loss of earnings during the lost years at S$200 a month for 15 years (post-trial loss) S$36,000; (3) loss of future CPF contribution from employer at S$50 pm for 15 years (post-trial loss)ÊS$9,000; (4) loss of CPF contribution from employer from date of accident to date of trial (81 months) at S$41 pm (pre-trial loss) S$3,321; (5) dependency claim at S$100 for 15 years (post-trial loss)ÊS$18,000; (6) dependency claim from date of accident to date of trial (81 months) at S$150 per month (pre-trial loss)ÊS$12,150; (7) funeral expenses S$1,000; (8) costs for letters of administrationÊS$75. Interest: 8% pa from 7 December 1982 to 5 February 1987ÊS$29,057.70.

Digest :

Tan Diang Boo & Anor v Lim Hai Phang & Anor [1988] 1 MLJ xxxvii High Court, Singapore (Christopher Chuah, Assistant Registrar).

855 Quantum -- Fatal accident

6 [855] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased was pensioner at time of accident – Future loss of support

Summary :

Case name: Lee In Fong & Anor v Zahara bte Johan, widow of Abdullah bin Othman (deceased) Suit no:[1992] 4 CLJ 2108 High Court, Malacca Coram: Mohd Noor J Date of hearing: 13 July 1992 Date of accident: 23 November 1985 Nature of accident: Deceased was struck by a car driven by the first appellant and the car was owned by the second appellant Age of deceased: 63 years old at time of accident Occupation: The deceased had retired from the Singapore Police Force Pension: RM440 per month Liability: First appellant 100% liable. Award: (1) General damages - bereavement RM 10,000 [- future loss of support (RM200 ' 5 ' 12) RM 12,000 (2) Special damages - funeral expenses RM 2,000 - miscellaneous cost RM 3,850.45 Interest: 8% pa on general damages from date of summons to date of judgment; 4% pa on special damages from date of accident to date of judgment. Authority cited: Northman v Barnet Council [1978] 1 WLR 221.

Digest :

Lee In Fong & Anor v Zahara bte Johan, widow of Abdullah bin Othman (deceased) [1992] 4 CLJ 2108 High Court, Malacca (Mohd Noor J).

Annotation :

[Annotation: The judgment was delivered in Bahasa Malaysia.]

856 Quantum -- Fatal accident

6 [856] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased wife

Summary :

Deceased female rubber tapper, aged 31. Contributed RM100 per month for house expenses. Left widower and eight children. General damages: RM10,466.

Digest :

Lim Yew & Anor v Tai Lye Omnibus Co Ltd [1964] MLJ lx High Court, Malacca (Ismail Khan J).

857 Quantum -- Fatal accident

6 [857] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased wife

Summary :

This was a claim for damages for the benefit of the deceased's estate and her dependants, a husband and a son. The court awarded damages as follows: (1) loss of dependency for deceased's husband (S$80 per month for 7 years) S$6,720; (2) loss of dependency for deceased's son (S$150 per month for 13 years) S$23,400; (3) special damages (agreed)ÊS$2,395.50. There was a claim for loss of expectation of life at S$6,500. But as it was an estate claim, it merged with the dependency claim.

Digest :

Lau Seng Hock & Anor v Tan Soon Guan [1988] 2 MLJ xxvii High Court, Singapore (Quay Chew Soon, Assistant Registrar).

858 Quantum -- Fatal accident

6 [858] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Deceased wife

Summary :

The plaintiff, widower of the deceased, brought this claim for the benefit of the estate under s 8 of the Civil Law Act 1956 (Act 67), prior to the amendments made to it by virtue of the Civil Law (Amendment) Act 1984. The plaintiff also claimed damages under s 7 of the same Act for the benefit of the dependants of the deceased. The dependants are the plaintiff and his four daughters. The deceased was knocked down by the defendant's car. She was 31 years old at time of accident, and worked as a Dulang washer. Her earnings were RM320 to RM330 per month. The court awarded damages as follows: (1) loss of expectation of lifeÊRM5,000; (2) pre-trial loss of earnings (RM150 x 90 months)ÊRM13,500; (3) post-trial loss of earnings (multiplicand RM150; purchase 6 years)ÊRM9,140; (4) loss of future earnings under s 8(2)(c) of the Civil Law Act 1956 (multiplier 13; multiplicand RM150)ÊRM16,900; (5) special damages (as agreed)ÊRM1,550 Total:ÊRM46,090. Interest: awards (1) and (3) carried interest at 6% pa from date of service of writ to date of judgment and thereafter at 8% pa until realization; awards (2) and (5) carried interest at 3% pa from date of accident to date of judgment and thereafter at 8% pa until realization; award (4) carried no interest.

Digest :

Chong Keow v Shaari bin Yaacob [1988] 2 MLJ li High Court, Alor Setar (Lim Beng Choon J).

859 Quantum -- Fatal accident

6 [859] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Dependency claim

Summary :

Case name: Tee Mong Ho v Chua Teck Kee & Anor Suit no: Suit No 34 of 1990 (High Court, Singapore) Coram: GP Selvam JC Date of hearing: 8 December 1992 Nature of accident: Deceased who was riding a motor cycle was collided into by a motor bus which was turning right at a traffic junction. Age of deceased: 39 years old at time of death Earnings: S$1,272.26 per month Brief description of injuries: Death Liability: First defendant 60% liable; deceased 40% liable. Award: S$300 per month for the widow with a multiplier of ten years and S$175 per month for each of the four children until they reach the age of 18. The CPF amount recoverable was agreed at S$39,672. Interest: 3% pa on the said amounts from the date of accident until judgment.

Digest :

Tee Mong Ho v Chua Teck Kee & Anor Suit No 34 of 1990 High Court, Singapore (GP Selvam JC).

860 Quantum -- Fatal accident

6 [860] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Dependency claim – Method of calculating

Summary :

Case name: Rebecca d/o Alex Mathew & Ors v Syarikat Kerjasama Serbaguna Gema Wong Siong Bhd & Anor Suit no: [1990] 1 MLJ 443 (High Court, Alor Setar) Coram: KC Vohrah J Date of hearing: 26 October 1989 Date of accident: 3 October 1982 Occupation: Deputy manager of estate Earnings: RM2,953 per month Nature of Collision between motor car accident: driven by deceased and motor lorry of first defendant driven by second defendant Liability: Defendants 100% liable. Award: First plaintiff (1) General damages - pre-trial general damages RM 46,520 (from date of death of deceased to date of remarriage of third plaintiff (63 months) and from date of remarriage of third plaintiff to date of trial (21 months)) - post-trial damages RM 42,657 (at eight years; dependency amount RM550 per month) Third plaintiff (1) General damages - pre-trial general damages RM 104,659 (from date of death of deceased to date of remarriage of third plaintiff (63 months)) (2) Special damages (agreed) RM 2,140 Interest: 4% pa on special damages from date of accident to date of trial. Authorities cited: Chan Heng Wah v Peh Thiam Choh & Anor [1986] 2 MLJ 175; [1988] 1 MLJ 74; Lita Maddox v Calito C Guinto & Anor [1987] 2 MLKJ 757.

Digest :

Rebecca d/o Alex Mathew & Ors v Syarikat Kerjasama Serbaguna Gema Wong Siong Bhd & Anor [1990] 1 MLJ 443 High Court, Alor Setar (KC Vohrah J).

Annotation :

[Annotation: At the hearing, the claim of the second plaintiff was dropped as he had since died. Both counsel agreed that the award for the period from the date of death of the deceased to the date of remarriage of the third plaintiff would be 75% in favour of the third plaintiff and 25% the first plaintiff.]

861 Quantum -- Fatal accident

6 [861] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Estate and dependency claims – Deceased died some seven weeks after accident as a result of multiple injuries sustained

Summary :

Case name: Amirtham, Administratrix of the Estate of Meyappan Vasudhevan, deceased v Lim Soh Neo Jane Suit no: Suit No 1445 of 1990 (High Court, Singapore) Coram: Rajendran J Date of hearing: 26 February 1993 Date of accident: 25 October 1987 Nature of accident: Collision between plaintiff's motor cycle and motor car driven by defendant Age of deceased: 33 years old at time of accident Occupation: Court interpreter Earnings: S$2,361 per month (excluding non-pensionable annual allowance and bonus) Brief description of injuries: (a) Fracture of right femur of comminuted type (b) Le Fort I and II fracture of the facial skeleton (c) Left and right malar fractures (d) Nasal fracture (e) Head concussion but no fracture of skull (f) Multiple lacerations of the face, right eyebrow,nostril, right cheek, upper lip and over the leftknee Following from the knee injuries, the deceased died on 15 December 1987. Liability: Defendant 100% liable. Award: (1) General damages - pain and suffering S$ 20,000 - pre-trial dependency S$ 52,500 (S$900 ' 58) - post-trial dependency S$ 26,600 (S$700 ' 38) (2) Special damages - funeral expenses (agreed) S$ 3,000 - loss of motor-scooter (agreed) S$500 - bereavement (by statute) S$ 10,000 - loss of CPF S$ 12,000 Authorities cited: Hongkong Bank Trustee (Singapore) Ltd v Rajinder Singh [1992] 2 SLR 26.

Digest :

Amirtham, Administratrix of the Estate of Meyappan Vasudhevan, deceased v Lim Soh Neo Jane Suit No 1445 of 1990 High Court, Singapore (Rajendran J).

862 Quantum -- Fatal accident

6 [862] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Estate claim for lost years – Multiplier – Multiplicand – Available surplus

Summary :

Case name: Koh Kin Lee and Khor Kong Swee, The administratrix and administrator of the estate of Khor Kong Choon, deceased v Official Assignee Suit no: HC Suit No 1701 of 1989 (Singapore) Coram: James Leong, Assistant Registrar Date of hearing: 29 November 1990 Date of accident: 28 December 1986 Date of death: 21 June 1987 Age of deceased: 23 years old on date of accident Brief description of injuries: (a) He was in a very serious condition with respiratory distress requiring immediate endotracheal intubation (b) There was profuse bleeding from his mouth (c) He was in deep coma, responding only to painful stimuli (d) Both pupils were dilated to 6mm and fixed to light (e) Bleeding from the left ear (f) Multiple facial lacerations (g) Deep 3cm laceration over the left knee, involving the knee joint (h) Lacerations of the left middle finger, involving the extensor tendon and exposing the proximal interphalangeal joint (i) Fractures of the right malar complex (j) Fractures of the right and left bodies of the mandible Computerzied brain scan showed haemorrhage in the right thalamus and adjacent internal capsule. He remained in a vegetative state until his death (5 months and 24 days). Award: (1) General damages - loss of amenities S$ 10,000 - loss of expectation of life S$ 7,000 - loss of earnings for the lost years S$ 47,040 (S$8,400 pa ' 35% ' 16 years) (2) Special damages - funeral expenses (agreed) S$ 3,500 - hospital charges (agreed) S$ 4,127 - cost of letters of administration S$ 750 (agreed) Interest: 6% pa on general damages (except future loss) from the date of service of writ, and 6% on special damages from the date of issue of writ, to date of final judgment. Authorities cited: Seow Seng Choon v Yam Kim Chye & Anor [1952] MLJ 244; Halijah v Velaitham [1966] 1 MLJ 192; Tan Seng Kim v Koh Suat Eng & Anor [1968] 1 MLJ 286; Khoo Eng Cheng v Chew Kok Thai [1973] 1 MLJ xxviii; Marie Ponosamy v Lim Teck Huat & Anor 1989 BLD [Jan] 77; Jumahat bin Mokhsin v Ng Geok Eng 1989 BLD [Nov] 1537; Mariah bte Mohamed v Abdullah bin Daud [1990] 1 MLJ 23; Chan Heng Wah v Peh Thiam Choh [1988] 1 MLJ 74; Tan Sung Choon v Heng Mui Wah 1990 BLD [Mar] 222; Wong Ai Seong v Lee Seng Siah 1989 BLD [Jun] 816; Singapore Bus Service (1978) Ltd v Lim Soon Yong [1983] 2 MLJ 306 (CA), [1985] 2 MLJ 267 (PC); Lee Soon Beng v Wee Tiam Sing [1986] 2 MLJ 340.

Digest :

Koh Kin Lee and Khor Kong Swee, The administratrix and administrator of the estate of Khor Kong Choon, deceased v Official Assignee HC Suit No 1701 of 1989 High Court, Singapore (James Leong, Assistant Registrar).

Annotation :

[Annotation: Deceased's mother's dependency claim: pre-trial S$150 ด 41 months = S$6,150 and post-trial S$150 ด 12 months ด 6 years = S$10,800 was merged with the award of S$47,040 as the beneficiary is the same.]

863 Quantum -- Fatal accident

6 [863] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Estate claim for lost years – Multiplier – Multiplicand – Available surplus

Summary :

Case name: Chua Poh Choo, The administratrix of the estate of Ng Chye Kwang, deceased v Tan Chwee Koon & Anor Suit no: Suit No 8878 of 1984 Coram: Kevin Tan, Assistant Registrar Date of hearing: 9 December 1988 Date of accident: 5 June 1983 Age of deceased: 17 years old at time of accident Occupation: Painter Marital status: Bachelor Earnings: S$600 per month Award: (1) General damages - pre-trial loss for lost years: (a) S$100 ' 24 months S$ 2,400 (b) S$600 ' 42 months ' 40% S$ 10,080 - post-trial loss for lost years S$ 45,360 S$900 ' 126 months ' 40% (multiplicand ' multiplier ' available surplus) - loss of expectation of life S$ 6,500 (2) Special damages - funeral expenses S$ 3,915 - costs of letters of S$ 1,000 administration Interest: 6% pa on general and special damages (except future loss) from date of writ to final judgment. Authorities cited: Gammell v Wilson [1981] 1 All ER 578; Tan Chor Huat & Anor v Ong Kiat Tat (Suit No 731 of 1987) (unreported); Singapore Bus Service (1978) Ltd v Lim Soon Yong [1983] 2 MLJ 306; Chan Heng Wah v Peh Thiam Choh [1988] 1 MLJ 74; Lita Maddox v Calito [1987] 2 MLJ 757; Pang Ah Chee v Chong Kwee Sang [1985] 1 MLJ 153; Wong Kum Keong v Yeap Chooi [1987] 1 MLJ 291; Lau Seng Hock v Tan Soon Guan [1988] 2 MLJ xxvii; Chong Keow v Shaari bin Yaacob [1988] 2 MLJ li; Dewaramah v Ibrahim bin Abdul Hamid [1988] 1 MLJ xl; Chua Leh Choo v Mohd Noor bin Ibrahim [1988] 2 MLJ xxxi.

Digest :

Chua Poh Choo, The administratrix of the estate of Ng Chye Kwang, deceased v Tan Chwee Koon & Anor Suit No 8878 of 1984 Kevin Tan, Assistant Registrar

Annotation :

[Annotation: The pre-trial loss of S$100 a month for 24 months awarded covered the period when the deceased would have served his national service.]

864 Quantum -- Fatal accident

6 [864] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Estate claim for lost years – Multiplier – Multiplicand – Available surplus

Summary :

Case name: Lau Boon Ee, The administrator of the estate of Lau Poh Heng, deceased v Nadeson Elavavasan Suit no: Suit No 6838 of 1985 Coram: Wong Chee Kiong, Assistant Registrar Dates of hearing: 23 February, 20 April and 17 May 1989 Date of accident: 11 December 1982 Age of deceased: 23 years old at the time of accident Occupation: Operator of cut-fruit stall Award: (1) General damages - pre-trial loss for lost years (multiplicand ' multiplier ' available surplus S$600 ' 77 months ' 40% S$ 18,480 - post-trial for lost years S$850 ' 108 months ' 40% S$ 36,720 (2) Special damages - loss of expectation of life S$ 7,000 (agreed) - funeral expenses (agreed) S$ 3,000 - costs for grant of letters of S$ 1,000 administration Interest: 6% pa on all items, except post-trial loss for lost years, totalling S$29,480 from date of writ to date of judgment. Authorities cited: Gammell v Wilson & Ors [1981] 1 All ER 578; Tan Chor Huat & Anor v Ong Kian Tat (infant) (Suit No 731 of 1987) (unreported); Singapore Bus Service (1978) Ltd v Lim Soon Yong [1983] 2 MLJ 306; Chan Heng Wah & Anor v Peh Thiam Choh & Anor [1988] 1 MLJ 74; Tan Diang Boo & Anor v Lim Hai Phang & Anor (Suit No 5336 of 1982) (unreported).

Digest :

Lau Boon Ee, The administrator of the estate of Lau Poh Heng, deceased v Nadeson Elavavasan Suit No 6838 of 1985 Wong Chee Kiong, Assistant Registrar

Annotation :

[Annotation: Lau Poh Heng, deceased, died as a result of the accident. The plaintiff is the father of the deceased. By consent, interlocutory judgment was entered on 11 January 1989.]

865 Quantum -- Fatal accident

6 [865] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Estate claim for lost years – Multiplier – Multiplicand – Available surplus

Summary :

Case name: Tan Chor Huat & Anor, The administrators of the estate of Tan Hwee Khim v Ong Kian Tat Suit no: High Court Suit No 731 of 1987 Coram: Christopher Chuah, Assistant Registrar Date of hearing: 3 March 1988 Date of accident: 3 March 1986 Age of deceased: 17 years old Occupation: Traffic counter (temporary) Award: (1) General damages - loss of expectation of life S$ 7,000 - post-trial loss of future S$ 29,000 earning of deceased at 60% of S$216,000 (calculated at S$1,200 per month for 15 years) - loss of employers' CPF S$ 21,600 contribution at 10% of S$216,000 (2) Special damages - funeral expenses S$ 4,819 - costs of taking out letters of S$1,000 administration - pre-trial loss of earnings at S$ 7,200 60% of S$12,000 (calculated at S$500 per month for 24 months) - loss of employers' CPF contribution at [ T]- 25% of S$500 for March 1986 S$ 125 - 10% of S$11,500 S$ 1,275 (calculated at S$500 per month for 23 months) Authority cited: Chan Heng Wah & Anor v Peh Thiam Choh & Anor [1988] 1 MLJ 74.

Digest :

Tan Chor Huat & Anor, The administrators of the estate of Tan Hwee Khim v Ong Kian Tat Suit No 731 of 1987 High Court, Singapore (Christopher Chuah, Assistant Registrar).

Annotation :

[Annotation: Evidence was given by the deceased's mother that the deceased's 'O' level results were released after her death. Evidence was also given that the deceased has a proficiency certificate with distinction in typing from the London Chamber of Commerce and Industry. The deceased had intended to work as a secretary/stenographer after taking courses in computer programming and private secretarial practice. The court accepted that the deceased could earn S$500 per month with her qualifications if she had worked as a clerk. If the deceased had finished her intended courses, she would be able to work as a secretary/stenographer.]

866 Quantum -- Fatal accident

6 [866] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Loss of future earnings – Loss of expectation of life

Summary :

Case name: Timong bte Musing, The administratrix of the estate of Madam bin Musing, deceased v Chui Han Hwa & Anor Suit no: Civil Suit No 336 of 1987 (High Court, Brunei) Coram: BL Jones Commissioner Date of accident: 6 January 1986 Nature of accident: Collision between car driven by deceased and car driven by D1 which was owned by D2 Age of deceased: 31 years old at time of accident Occupation: Education officer attached to the Education Ministry Earnings: B$2,910 per month (including allowances and a month's bonus annually) Liability: Defendants 90% liable; deceased 10% liable. Award (on 100% basis): (1) General damages - loss of expectation of life B$ 6,500 (agreed) - loss of future earnings B$ 331,570 (B$3,980 ' 15 (multiplier) ' 12 months) (after one third deduction was made) (2) Special damages - funeral expenses (agreed) B$ 4,000 - pre-trial loss of earnings B$ 115,430 (B$2910 ' 55 months' earnings) + (B$2910 ' 4[1/2] months' bonus) (after one third deduction was made) Interest: 6% pa on damages for loss of expectation of life from date of writ to date of judgment and 3% pa on special damages from date of accident to date of judgment. Authorities cited: Pickett v British Rail Engineering Ltd [1980] AC 136; Gammell v Wilson [1981] 2 WLR 248, [1981] 1 All ER 578; The Personal Representatives of the Estate of Wong Sai-Chuen, Deceased v Tam Mei-Chun and Anor [1983] 1 HKLR 331; Lita Maddox v Calito (Guinto) & Anor [1987] 2 MLJ 757; Jafar bin Metali v Sadiah bte Gundi (Administratrix of the estate of Jai bin Bakar, Deceased) & Anor [1978] BLR 47.

Digest :

Timong bte Musing, The administratrix of the estate of Madam bin Musing, deceased v Chui Han Hwa & Anor Civil Suit No 336 of 1987 High Court, Brunei (BL Jones Commissioner).

Annotation :

[Annotation: For the computation of future loss of earnings, the parties agreed at the multiplicand of B$3,980 which were the earnings of a Senior Education Officer because the deceased had very good prospects of becoming one in the course of time. The court also deducted approximately one third of both the amounts of loss of future earnings and pre-trial loss of earnings to take into account the deceased's expenses.]

867 Quantum -- Fatal accident

6 [867] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Loss of future earnings – Loss of expectation of life

Summary :

Case name: Soh Hau Huat, Administrator of the Estate of Soh Mee Leong, Deceased v Mohd Nor bin Taya & Anor Suit no:[1992] 4 CLJ 2185 High Court, Kuala Lumpur Coram: Lim Beng Choon J Date of hearing: 23 June 1992 Date of accident: 28 March 1982 Nature of accident: Collision between car driven by deceased and oncoming bus driven by first defendant and owned by second defendant Age of deceased: 30 years old at time of accident Occupation: Assistant management accountant Earnings: RM2,120 per month (including food allowance) Liability: Defendants 100% liable. Award: (1) General damages - loss of expectation of life (agreed) RM 5,000 - loss of future earnings RM 77,600 (2) Special damages - pre-trial loss of earnings from 1982 to 1992 RM 120,000 (RM1,000 '10 ' 12) - (agreed) RM 1,850 Interest: 6%pa on damages for loss of expectation of life from date of service of writ to date of trial; 3% pa on agreed special damages from date of accident to date of trial. Authorities cited: White & Anor v London Transport Executive [1982] 1 WLR 791; Noorianti bte Zainal Abidin v Tang Lei Nge [1990] 2 MLJ 242; Noor; Azhar bin Habin v Rajawsari & Anor [1991] 1 CLJ 159; Lai Wee Lian v Singapore Bus Service (1978) Ltd [1984] 1 MLJ 325; Lim Beng Yee & Anor v Loo Yoke [1991] 3 CLJ 2513; Ahmad Nordin bin Haji Maslan & Anor v Eng Ngak Hua & Ors [1985] 2 MLJ 431; Tan Chooi Thin & Anor v Teo Whee Hong [1953] MLJ 203; Thangavelu v Chia Kok Bin [1981] 2 MLJ 277; Murtadza bin Mohamed Hassan v Chong Swee Pian [1980] 1 MLJ 216.

Digest :

Soh Hau Huat, Administrator of the Estate of Soh Mee Leong, Deceased v Mohd Nor bin Taya & Anor [1992] 4 CLJ 2185 High Court, Kuala Lumpur (Lim Beng Choon J).

868 Quantum -- Fatal accident

6 [868] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Loss of support

Digest :

Zainap bte Abd Majid & Ors v Gan Eng Hwa & Ors [1995] 1 MLJ xlvi (Richard Talalla J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 1161.

869 Quantum -- Fatal accident

6 [869] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Loss of support – Loss of love and affection

Summary :

Case name: Au Yong Mee Yong & Ors v Hoo Ah Bee & Anor Suit no: [1994] 3 MLJ ccxxxiii Coram: Mohd Noor J Date of hearing: 28 October 1994 Date of accident: 8 October 1986 Nature of accident: Collision between lorry and motor van driven by deceased Occupation of deceased: Motor van driver Earnings of deceased: RM700 per month Occupation of sixth plaintiff: Motor van attendant Earnings of sixth plaintiff: RM300 per month Brief description of injuries: Sixth plaintiff (1) Wasting of muscles in left forearm (2) Scars on both arms Disabilities: Sixth plaintiff (1) Restriction of movements in left arm (2) Limitation of pronation by 10ก (3) Limitation of supination by 40ก (4) Aching in the arm which may continue indefinitely Liability: Defendant 50% liable; plaintiffs 50% contributorily liable Award (on 100% basis): First plaintiff (1) General damages - loss of support RM 96,000 - loss of love and affection RM 10,000 (2) Special damages - (agreed) RM 2,590 Sixth plaintiff (1) General damages - wasting of muscles and scars on both arms RM 20,000 - loss of future earning capacity RM 10,000 - pain and sufferin RM 5,000 (2) Special damages - cost of medical report (agreed) RM 40 - cost of specialist's medical report (agreed) RM 400 - transport to and from hospital RM 250 - pre-trial loss of earnings RM 900 Interest: 4% on special damages from date of accident to date of judgment; 8% on general damages (except for loss of future earning capacity) from date of issue of writ to date of judgment; 8% on special and general damages from date of judgment to date of realization. Authorities cited: Chan Lye Huat v Tan Ong Kong [1985] 2 MLJ 112 (refd); Maimunah bte Hassan (sebagai wakil harta pusaka Rozita bte Khamis) & Satu Lagi v Marimuthu [1993] 1 CLJ 119 (folld); Ngooi Ku Siong & Anor v Aidi Abdullah [1985] 1 MLJ 30 (refd); Tay Tong Chew & Anor v Abdul Rahman bin Haji Ahmad [1985] 1 MLJ 50 (refd); Veronica Joseph (an infant) v Tu Kon Lin & Anor [1987] 1 CLJ 81 (not folld); Yeap Cheng Hock v Kajima-Taisei Joint Venture [1973] 1 MLJ 230 (refd).

Digest :

Au Yong Mee Yong & Ors v Hoo Ah Bee & Anor [1994] 3 MLJ ccxxxiii Mohd Noor J

Annotation :

[Annotation: The judgment was delivered in Bahasa Malaysia.]

870 Quantum -- Fatal accident

6 [870] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Multiple injuries suffered before death – Deceased 40% liable

Summary :

Case name: Jumahat bin Mokhsin & Anor (The Administrators of the estate of Muksin bin Dul Saban, deceased) v Ng Geok Eng Suit no: DC Suit No 3142 of 1988L Coram: Ng Peng Hong, District Judge Date of hearing: 27 April 1989 Date of accident: 14 November 1986 Age of deceased: 61 years old Occupation: Driver Earnings: $362 per month Brief description of injuries: (a) Head injury with 4cm laceration of the scalp (b) Comminuted fracture of the right femoral neck and greater trochanter (c) 15cm laceration of right thigh (d) Comminuted fracture of right tibia and fibula (e) 4cm laceration of forearm Toilet and suture of the wounds were done and a Steinman pin inserted into the right leg for traction. Postoperatively, on the 14th postoperative day, the patient developed a cerebrovascular accident with left side hemiplegia. A CT scan of the brain showed a large cerebral infarct. The tibial fracture was then fixed with a plate. His postoperative recovery was unevenful and he was transferred to Changi Hospital on 12 February 1987 for recuperation. He died on 12 September 1987 (about ten months after the accident). Liability: Deceased was 40% liable and defendant 60% liable for the accident, thus damages reduced accordingly. Award: (1) General damages - comminuted fracture of tibia S$ 8,000 and fibula - communited fracture of S$ 9,000 femoral neck and greater trochanter - lacerations S$ 3,000 Less overlapping S$ 4,000 Less earlier death S$ 4,000 (2) Special damages S$ 3,696 Interest: 6% pa from 5 May 1988 until date of judgment. Authorities cited: Thangavelu s/o Chinnasamy v Chia Kok Bin Dass Vol 3 pp 405, 424; Ng Kim Sai v Helen Leong & Anor Dass Vol 1 p 1219; Khoo Eng Cheng v Chew Kok Thai [1973] 1 MLJ xxviii; Halijah v Velaitham [1966] 1 MLJ 192; Seow Seng Choon v Yam Kim Chye [1952] MLJ 244; Tan Seng Kim v Koh Suat Eng [1968] 1 MLJ 286; Marie Ponosamy v Lim Teck Huat 1989 BLD [Jan] 77.

Digest :

Jumahat bin Mokhsin & Anor (The Administrators of the estate of Muksin bin Dul Saban, deceased) v Ng Geok Eng DC Suit No 3142 of 1988L Ng Peng Hong, District Judge

871 Quantum -- Fatal accident

6 [871] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Fatal accident – Severe brain injury before death – Deceased conscious of and responded to pain during treatment

Summary :

Case name: Marie Ponosamy v Lim Teck Huat & Anor Suit no: 4577 of 1986 Coram: Kenneth Au-Yeong, Assistant Registrar Date of hearing: 5 April 1988 Date of accident: 24 November 1984 Age of deceased: 29 years old Occupation: Police constable Earnings: S$1,100 pm Award: (1) General damages - loss of expectation of life S$ 7,000 - pain and suffering S$ 1,500 - loss of earnings for 'lost years' S$ 113,190 (net prospective earnings S$ 23,100; available surplus at 35%; multiplier of 14 years) Authorities cited: Chan Heng Wah v Peh Thiam Choo [1986] 2 MLJ 175; [1988] 1 MLJ 74; See Ah Hwa v Eng Hock Thian [1985] 2 MLJ 7; Singapore Bus Service v Lim Soon Yong [1983] 2 MLJ 306; Lai Chi Kay v Lee Kuo Shin [1981] 2 MLJ 167; Marian bte Ahad v Ernesto Garad [1986] 1 MLJ 266; Lita Maddox v Calito Gunito [1987] 2 MLJ 757; Lee Soon Beng v Wee Tiam Say [1986] 2 MLJ 340; Lim Cheng Wah v Ng Yaw Kim [1985] 2 MLJ 82.

Digest :

Marie Ponosamy v Lim Teck Huat & Anor 4577 of 1986 Kenneth Au-Yeong, Assistant Registrar

Annotation :

[Annotation: The deceased was conscious of and responded to pain during treatment. He, however, subsequently died of severe brain damage.]

872 Quantum -- Head

6 [872] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Diffuse brain injury – Contused right parietal cortex – Coma and left hemiparesis – Urethral rupture

Summary :

Case name: Neo Cheng Sim v Yazid bin Yabee Suit no: Suit No 1719 of 1989 (High Court, Singapore) Coram: Rajendran J Date of hearing: 15 February 1993 Date of accident: 20 October 1988 Nature of accident: Collision between motor cycle ridden by respondent and car driven by the appellant turning right out from a car park where the respondent was turning left into Occupation: Technician Brief description of injuries: (a) Severe head injury with diffuse brain injury and a small haemorrhage in the left temporal region and contused right parietal cortex. He was in coma and had left hemiparesis (b) Urethral rupture Disabilities: (a) The left hemiparesis was equivalent to a stroke and had left the left side of the respondent's body totally paralysed, leaving him with an essentially useless function of the upper left limb The injury would only allow the respondent to hold light objects (b) The urethral rupture developed post traumatic stricture requiring periodic urethral dilation for the rest of the respondent's life Liability: Defendant 100% liable. Award: (1) General damages - pain and suffering and S$ 70,000 loss of amenities - future medical care S$ 10,000 - loss of future earnings S$ 90,000 (S$500 ' 15 ' 12) - cost of future (nursing) care S$ 32,400 (S$180 ' 15 ' 12) (2) Special damages - pre-trial loss of earnings S$ 22,400 (S$700 ' 32) - pre-trial nursing help S$ 15,750 (S$350 ' 45) - hospital expenses S$ 478 - transport expenses S$ 128

Digest :

Neo Cheng Sim v Yazid bin Yabee Suit No 1719 of 1989 High Court, Singapore (Rajendran J).

873 Quantum -- Head

6 [873] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Ear – Laceration of right ear

Summary :

Case name: Yeo Yew Lian v Guan Choon Construction Pte Ltd Suit no: DC Summons No 8733 of 1987 Coram: Quay Chew Soon, Deputy Registrar Date of hearing: 6 October 1988 Date of accident: 7 July 1986 Age of deceased: 39 years old Occupation: Contractor Earnings: S$1,000 per month Brief description of injury: (a) A full thickness laceration of right pinna Award: (1) General damages S$ 1,500 (2) Special damages S$ 3,306 Interest: 6% pa on general damages from 28 November 1987 to date of judgment and 3% pa on special damages from 7 July 1986 to date of judgment.

Digest :

Yeo Yew Lian v Guan Choon Construction Pte Ltd DC Summons No 8733 of 1987 District Court, Singapore (Quay Chew Soon, Deputy Registrar).

874 Quantum -- Head

6 [874] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Impairment of left eyesight – Semi-dilated pupil – Tear in the iris – Retinal scar

Summary :

Male technical instructor of the Institute Kemahiran MARA, Malacca. Had a normal right eye with a visual acuity of 6/6 (normal vision). However, suffered injuries in his left eye. The left eye had a semi-dilated pupil and its lower margin was adherent to the lens. There was also a tear in the iris at about 6 o'clock and there was atrophy of the iris. He had retinal scar in the macula area with considerable pigmentary disturbance around his scar. The visual acuity in the left eye was 6/24 apart. As a result of the accident, his left eye could not see clearly and he also had twitches. Although he did not lose his job as Technical Instructor of the Institute as a result of the accident, he had since the accident lost much confidence in his work. His work as an instructor required him to use precision instruments and since he had double vision, he could not see accurately. The Injury was diagnosed as being permanent but would not deteriorate any further. General damages: RM10,000. Special damages: RM143.80.

Digest :

Abdul Sahat bin Maskor v Omar bin Haji Kassim & Ors [1977] 1 MLJ lxxix High Court, Ipoh (Hashim Yeop A Sani J).

875 Quantum -- Head

6 [875] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Injury causing eye to take up a new position in orbit – Double vision

Summary :

Male barber earning S$220 per month. Two inches lacerated wound of skin over eyebrow; 1[1/4] inches lacerated wound of skin about middle of forehead; 1[1/2] inches lacerated wound of skin above left eyebrow; multiple bruises of skin of both shins: X-ray revealed fracture of the zygoma and maxille of right side. Hospitalized for one month. Right eye has taken up a new position in orbit resulting in difficulty in moving the eyeball vertically causing a degree of double vision. This diplopia is permanent. He suffers from headaches and giddiness. Special damages: S$1,920. General damages: S$2,750. On appeal (Mathew CJ (FM), Whitton & Buttrose JJ, 24 September 1953, Civil Appeal No 15 of 1963) general damages increased to S$6,000.

Digest :

Thian Yee Lam v Ong Eng Say [1964] MLJ lxxiii High Court, Singapore (Brown J).

876 Quantum -- Head

6 [876] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of left eye

Summary :

Second plaintiff, a married woman aged 22 at the time of the accident. Lost left eye, no scars, no cosmetic defect other than the loss of the eye. General damages for the second plaintiff: S$18,000. Special damages for the second plaintiff: S$325. The defendants were found both liable, and as between themselves, contribution was ordered as to the first, 25% and as to the second, 75%.

Digest :

Jenny Yu & Anor v Pool & Anor [1967] 1 MLJ lxi High Court, Singapore (Chua J).

877 Quantum -- Head

6 [877] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of peripheral vision

Summary :

The plaintiff, a 37-year-old motorcyclist was injured as a result of a motor accident involving two other cars. He suffered residual disability and could not see objects on his left side, ie his left peripheral vision was affected.

Holding :

Held: the plaintiff was 75% liable for the said accident. He was awarded RM10,000 for pain and suffering, RM7,976.92 for loss of future earnings, and actual loss of earnings: RM175 ' 9 months (April 1973 to December 1974) plus RM75 ' 87 months (January 1975 to date of trial, ie 24 March 1982) plus 3% interest; and RM568 special damages and costs. Damages were accordingly reduced on a basis of 75% liability.

Digest :

Lee Thean Seng v Tan Chuan Aik & Anor [1984] 1 MLJ lxx High Court, Penang (Mustapha Hussain JC).

878 Quantum -- Head

6 [878] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of right eye

Summary :

The plaintiff, a painter and aged 21 claimed damages for personal injuries. He suffered head injuries and lost his right eye as a result of the motor accident caused by the negligence of both parties. He was earning S$260 per month. General damages: S$33,000; (loss of future earnings S$8,000). Special damages: S$350. The plaintiff was found to be 40% liable and damages were reduced accordingly.

Digest :

Neo Kok Kion v Poh Mong Tai [1979] 1 MLJ xxxviii High Court, Singapore (Rajah J).

879 Quantum -- Head

6 [879] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in left eye

Digest :

Kam Kok Beng v Chan Siew Kuan [1979] 1 MLJ xxxviii High Court, Singapore (Alfonso Ang Cheng Ann, Assistant Registrar).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 1123.

880 Quantum -- Head

6 [880] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in left eye – Damaged optic nerve – Fracture of infra obital (eye socket) region

Summary :

Male, aged 25, technician employed by Telecommunications Department. Optic nerve damaged in accident resulting in loss of 80% of vision in left eye. Left eye unlikely to improve, might become worse. Fracture of infra orbital region. No loss of future earnings. Special damage: S$100. General damage: S$12,000.

Digest :

Wee Kim Swee v Cheong Aik Meng [1964] 30 MLJ lxxiii High Court, Singapore (Choor Singh J).

881 Quantum -- Head

6 [881] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in left eye – Partial loss of sight in right eye

Summary :

The plaintiff was a labourer aged 33 at the time of the accident which occurred in 1963. He was earning then approximately S$126 a month and, although he was re-graded and was being engaged as a watchman after the accident, he was getting more money because of the increase in general wages since. He was employed by the British Army and the chances of the army retrenchment scheme operating in 1971 had to be taken into account. The left eye was completely blind and in the right eye the loss of vision amounted to one third. The left eye was susceptible to light but was as good as totally blind. The matter which had to be taken into consideration was the possibility of a corneal grafting operation being performed and it was impossible for the doctor to say whether there would be any success in such an operation. General damages: S$34,500 (S$28,000 for the loss of eyesight and S$6,500 for loss of future earnings, there being no actual loss of future earnings but potential future earnings due to the necessity of looking for another job after 1971). Special damages: S$500.

Digest :

Packiyanathan Lasar v Union Construction Company [1968] 2 MLJ xlviii High Court, Singapore (Winslow J).

882 Quantum -- Head

6 [882] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in one eye

Summary :

The first plaintiff was a pillion rider of a motor-cycle which collided with the defendant's motor-car. He was unconscious for 10 days. The defendant was found not guilty of negligence and the plaintiffs' claim was dismissed with costs. However, had they succeeded on the basis of 100% liability, damages would be awarded as follows: (1) RM25,000 for and in connection with loss of sight of one eye; (2) RM3,500 for fracture of nasal bones and connected lacerations; (3) RM1,000 for other abrasions and lacerations; (4) RM5,000 for comminuted fracture of left tibia. There would be no award for loss of earnings as he was still in school at the date of accident and his left tibia had healed without any residual disability. He would not have the slightest difficulty in getting a job in a plantation or construction site.

Digest :

Udhaya Kumar s/o Vadivelu & Anor v Chin Kon Tai [1986] 1 MLJ lii High Court, Seremban (Peh Swee Chin J).

883 Quantum -- Head

6 [883] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in right eye

Summary :

The plaintiff, a 28-year-old grasscutter, was hit by a stone in the right eye while at work. As a result, he went blind in the right eye. The Assistant Registrar made the following awards: (1) blindness of right eyeÊS$28,000; (2) loss of earning capacityÊS$10,000; (3) special damages (loss of past earnings) S$600.

Digest :

Othman bin Kastari v Teo Eng Soon t/a Chop Guan Choon Contractor [1988] 2 MLJ xxv High Court, Singapore (Vincent Hoong, Assistant Registrar).

884 Quantum -- Head

6 [884] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in right eye – Concussion

Summary :

Male aged 10 at the time of the accident. Suffered concussion and comminuted fracture of the right maxillozygomatic complex. He lost the sight of his right eye which is now totally blind, and would have to have a further operation to remove a cataract, but will remain with a blind eye permanently. General damages assessed at S$20,000. Awarded S$10,000 based on 50% liability.

Digest :

Tay Cheng Cheow & Anor v Naranjan Singh [1967] 1 MLJ lxi High Court, Singapore (Choor Singh J).

885 Quantum -- Head

6 [885] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in right eye – Concussion

Summary :

Plaintiff, at time of accident was working for a company at RM1.30 per hour. He suffered from concussion and the loss of sight of his right eye. He recovered from the concussion with no evidence of other or residual intra-cranial injury but he lost binocular vision. His vision is now restricted to his left eye, which has normal range but the effect is difficulty in assessing distance and there is no depth of his visual field. General damages: RM32,000 (RM15,000 for injuries, pain and suffering and loss of amenities and RM17,000 for loss of earning capacity). Special damages. RM2,607.20.

Digest :

Ho Kum Lai v Lo Min Sin & Anor [1977] 1 MLJ lxxix High Court, Kuala Lumpur (Chang Min Tat J).

886 Quantum -- Head

6 [886] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of sight in right eye – Fracture of the lateral wall of right orbit

Summary :

First plaintiff, an infant boy aged six at the time of accident, suffered depressed fracture of the lateral wall of right orbit (bony cavity which contains the eyeball and all associated vessels, nerves, muscles, etc) with traumatic mydriasis and fracture of the right tibia. At the time of hearing he was almost blind in that eye and due to continuing degeneration of the optic nerve, he will shortly be completely blind in his right eye. No loss of future earnings. General damages: RM18,000 for the eye. Special damages were agreed at RM100.

Digest :

Mohamed Rafi & Anor v Nga Boon Leong [1968] 1 MLJ li High Court, Kuala Lumpur (Kulasekaram J).

887 Quantum -- Head

6 [887] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eye injury – Loss of vision in right eye – Loss resulting in total blindness

Digest :

Abdul Rahman bin Abdul Karim v Abdul Wahab bin Abdul Hamid [1996] 4 MLJ 623 High Court, Johor Bahru (Abdul Malik Ishak J).

See CIVIL PROCEDURE, para 331.

888 Quantum -- Head

6 [888] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Eyes – Loss of sight in both eyes

Summary :

Case name: Yusof bin Mat v Sa'aban bin Ahmad Suit no: Suit No 23-2-89 (High Court, Penang) Coram: Mohamed Dzaiddin J Date of hearing: 16 March 1990 Nature of Motor cycle ridden by deceased accident: colliding into plaintiff Age of plaintiff: 49 years old at time of accident Occupation: Forklift driver Earnings: RM1,118 per month Brief description of injuries: (a) Injury to both eyes (b) Loss of sight in both eyes Liability: Deceased 100% liable. Award: (1) General damages - loss of sight in both eyes RM 80,000 - loss of future earnings RM 27,648 (2) Special damages (agreed) RM 2,000 Interest: 8% pa on general damages, except future losses, from date of service of writ to date of realization and 4% pa on special damages from date of accident to date of realization. Authorities cited: Poh Sun Hong v Lim Peng Chia: [1979] 1 MLJ xxxvii; Lam Fan Tai v Lim Leong & Anor [1979] 2 MLJ cxxxix; Ng Moon Leong v Seema Balvantrai Goda [1986] 2 MLJ 405.

Digest :

Yusof bin Mat v Sa'aban bin Ahmad Suit No 23-2-89 High Court, Penang (Mohamed Dzaiddin J).

889 Quantum -- Head

6 [889] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Facial injury – Severe facial injury involving multiple lacerations over right upper and lower eyelids

Summary :

Case name: Wong Leong Chong v Tan Soo Chun & Anor Suit no: DC Suit No 1798 of 1987 Coram: Chiah Kok Khun, Deputy Registrar Date of hearing: 26 September 1989 Date of accident: 15 December 1985 Age of plaintiff: 30 years old at time of hearing Occupation: Casual worker at the time of accident Brief description of injuries: (a) Head injury (b) Severe facial injury involving multiple lacerations over the right upper and lower eyelids. Extensive multiple lacerations around right eyelid. Multiple pieces of broken glass and metallic material lodged in open wounds. Portions of upper eyelid missing. Affected eye was normal. 20 pieces of foreign bodies were removed from the wounds. Wound healed satisfactorily except for ectropion of upper eyelid. Readmitted from 18 February 1986 to 21 February 1986 for release of ectropion and Wolfe graft. This corrected the ectropion significantly. Disabilities: Multiple scars over right upper and lower eyelids and right cheek with irregularity of skin surface and residual pigmentation from surface dirt impregnated in the wounds. Despite plastic surgery, there will be significant residual scarring. Award: (1) General damages - injuries, scarring and future S$ 16,000 medical expenses - loss of earning capacity S$ 1,500 - loss of earnings S$ 2,700 (2) Special damages (agreed) S$ 1,132 Interest: 6% pa from date of writ to date of final judgment. Authorities cited: Pang Pow Lin v Chong Heng & Anor (High Court Suit No 1405 of 1983) (unreported); Chow Wing Khuan v Krishnan a/l Kannan [1986] 2 MLJ cclvii; Chong Ying Khoon v Lee Joo Kam & Anor [1987] 2 MLJ xix; Jamaliah bte Mohamad v Ng Fook Seng [1982] 2 MLJ xlviii; Bak Bee Choe & Anor v Leon Colin Anesbury [1987] 2 MLJ xxo; Wong Yee Cheong & Anor v Toh Seng Chuan [1988] 2 MLJ xxx; Tay Tong Chew & Anor v Abdul Rahman bin Hj Ahmad [1985] 1 MLJ 50; Ngooi Ku Siong v Aidi Abdullah [1985] 1 MLJ 30; S Underwood v Ong Ah Long [1986] 2 MLJ 246; Tominam bte Tukimin v Toh Kai Chup [1985] 2 MLJ 345; Rajaletchumi & Anor v Angela Soh [1971] 1 MLJ 129; Wahat bin Hj Yahya & Ors v Sim Wi Fat [1986] 2 MLJ cclvi; Abdul Sahat bin Maskor v Omar bin Hj Kassim & Ors Dass Vol 2 p 78; Chua Leh Choo & Anor v Mohd Noor bin Ibrahim & Ors [1988] 2 MLJ xxxi; Goh Chin Choon & Anor v Toh Quee Beng 1989 BLD [Feb] 212; Wong Leok Kee Corp Sdn Bhd v Chiu Thong Thai [1981] 2 MLJ 21.

Digest :

Wong Leong Chong v Tan Soo Chun & Anor DC Suit No 1798 of 1987 District Court, Singapore (Chiah Kok Khun, Deputy Registrar).

Annotation :

[Annotation: As the first defendant had conceded liability, the action against the second defendant was discontinued with costs to be paid by the first defendant. The plaintiff appealed against the award for general damages for injuries, scarring and future medical expenses of S$16,000. The appeal was allowed. As a result, a separate award of S$5,000 for future medical expenses was made, while the award of S$16,000 was retained for the injuries and scarring alone.]

890 Quantum -- Head

6 [890] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Facial laceration

Summary :

Case name: Lim Sio Hak v Teoh Peng Siang & Anor Suit no: MC Suit No 7672 of 1988 Coram: David Lim, Deputy Registrar Date of hearing: 23 January 1990 Date of accident: 5 March 1987 Age of plaintiff: 39 years old at time of accident Occupation: Taxi driver Brief description of injuries: 2.5cm laceration on the left check, and a small 0.5cm diameter swelling over the left cheek from which a glass splinter was removed. Award: (1) General damages S$ 2,800 (2) Special damages - (as claimed) S$ 58.50 - loss of earnings (S$35 ' 7) S$ 245 Interest: 6% pa from date of writ to 28 August 1989. Authorities cited: Tay Lye Tin & Ors v Yamaha Music (Asia) Pte Ltd 1990 BLD [May] 451; Lim Yong Huat v Goh Tiong Eng [1979] 2 MLJ cxxxix; Wahat bin Hj Yahya v Sim Wi Fat [1986] 2 MLJ cclvi; Phua Kim Lai v Singapore Bus Service (1978) Ltd [1988] 2 MLJ li.

Digest :

Lim Sio Hak v Teoh Peng Siang & Anor MC Suit No 7672 of 1988 Magistrate's Court, Singapore (David Lim, Deputy Registrar).

891 Quantum -- Head

6 [891] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Facial palsy causing right upper lid of eye to be retracted – Vertigo, tinnitus (buzzing sound in ear)

Summary :

Bus conductor, aged 46 at the date of the accident and 49 at the date of the trial. One inch linear fracture of the right parietal bone. Right facial palsy causing the right upper lid of the eye to be retracted so that it could not be completely closed. He was in fact practically blind in that eye. Vertigo, tinnitus or a buzzing sound in the ear to which he would grow a tolerance and a necessity when lying down to turn his head in the direction in which he is lying to stop going off balance. In addition there was giddiness and headaches. Diminution in hearing causing a loss of 38.8% on the right side and 14.1% on the left side and a binaural loss of 19%. The eyelid should be sutured. S$7,000 for loss of future earnings; S$5,000 for the permanent facial palsy; S$2,500 for the permanent loss of hearing; S$2,000 for the fracture of the right parietal bone and S$2,000 for the eyelid being retracted. Total S$18,500.

Digest :

Yeo Koon Beng v Hock Lee Amalgamated Bus Co Ltd [1967] 1 MLJ xl High Court, Singapore (Buttrose J).

892 Quantum -- Head

6 [892] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Facial scars – Fracture of teeth

Summary :

The plaintiff was 19 years old at the time of the trial and she was a model by occupation. She was awarded a total of S$22,500 for her facial scars, fracture of three incisors which were crowned and a very mild diplopia on looking downwards and to the left.

Digest :

Wendy Sharon Thompson & Anor v Denis D'Cotta & Anor [1984] 2 MLJ xxvii High Court, Singapore (Kulasekaram J).

Annotation :

[Annotation: Damages were originally assessed by the Assistant Registrar, Mr Alfonso Ang at S$22,500. The first defendant being dissatisfied with the amount awarded appealed against that decision. The appeal came before Mr Justice Kulasekaram who dismissed the appeal.]

893 Quantum -- Head

6 [893] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of cheekbone and upper jaw – Laceration on eyebrow and forehead

Digest :

Thian Yee Lam v Ong Eng Say [1964] MLJ lxxiii High Court, Singapore (Brown J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 827.

894 Quantum -- Head

6 [894] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of frontal sinus – Nasal fracture – Abrasion and lacerations

Summary :

Case name: Lau Hsi Yu v Singapore Bus Service (1978) Ltd Suit no: DC Suit No 7509 of 1987 Coram: William Lim, Deputy Registrar Date of hearing: 9 March 1990 Date of accident: 9 December 1986 Age of plaintiff: 13 years old at time of accident Occupation: Schoolgirl Brief description of injuries: (a) Fracture of frontal sinus (b) Nasal fracture (c) Abrasions and lacerations Award: (1) General damages - fracture of frontal sinus S$ 5,000 - nasal fracture S$ 2,000 - abrasions and lacerations S$ 3,000 (2) Special damages S$ 181 Interest: 6% pa from date of writ to date of final judgment. Authorities cited: Ng Chen Wee v Sim Mong Seng 1989 BLD [Feb] 210; Chen Oi Leng v Lee Puay Neo 1989 BLD [June] 817; Tay Lye Tin & Ors v Yamaha Music (Asia) Pte Ltd & Anor 1990 BLD [May] 451; Udhayakumar v Chin Kon Tai [1986] 1 MLJ lii; Eiap Teng Siyum v Mohd Noor bin Ibrahim [1988] 2 MLJ xxx; Wahat bin Hj Yahya v Sim Wi Fat [1986] 2 MLJ cclvi; Goh Chin Tee v Lau Chun Leung [1985] 2 MLJ cxcii; Tan Swee Heng v Liaw Hock Amm [1989] BLD [Jan] 86; Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv; Noor Azan bte Bari v Kaw Teck Guan 1989 BLD [Oct] 1416; Tan Tee Huat v Loy Sian Wah 1989 BLD [June] 818; Chua Teck Lah v Chua Seow Cher [1988] 1 MLJ xxxvi; Lee Gin Song v Lim Soon Wah [1988]1 MLJ xxxvi; Goh Chin Choon v Toh Quee Beng 1989 BLD [Feb] 212.

Digest :

Lau Hsi Yu v Singapore Bus Service (1978) Ltd DC Suit No 7509 of 1987 District Court, Singapore (William Lim, Deputy Registrar).

895 Quantum -- Head

6 [895] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of jaw

Summary :

Plaintiff, male, aged 30. A newspaper vendor. No loss of earnings. Cerebral concussion. Fracture of the mandible. Fracture dislocation of the distal end of the right radius. The fracture of the mandible was treated by the dental surgeon with wire fixation. No residual disability as far as the jaw is concerned. General damages: S$7,000 for the jaw; S$3,000 for the wrist (radius). Special damages: S$904.80.

Digest :

M Alagappan s/o Muthuraman v The Government of the Republic of Singapore & Anor [1967] 1 MLJ xl High Court, Singapore (Chua J).

896 Quantum -- Head

6 [896] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of jaw

Summary :

Male aged 15 at the time of the accident. He sustained fractures of the mandible between the left lateral incisor and canine teeth and behind the unerupted right molar tooth. The fractures were undisplaced and he was discharged from hospital to be followed up as an outpatient after five days. No residual disability. General damages: S$4,500. Special damages: S$125 based on 100% liability.

Digest :

Mohamed Nasir & Anor v Tan Gek Seng [1967] 2 MLJ xxix High Court, Singapore (Kulasekaram J).

897 Quantum -- Head

6 [897] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of jaw – Fracture of the palate

Summary :

The second plaintiff, male aged 27 at the time of the accident, was a fitter earning S$260 per month. No loss of future earnings. Multiple lacerations of the face and haematoma of the occipital region. He suffered a comminuted fracture of the mandible and fracture of the left maxilla with median fracture of the palate. The fracture of the left maxilla was a depressed one. Dental treatment was prolonged and he was treated by use of intra-oral splintage. He is left with a clicking of the jaw on opening the mouth and a slight facial asymmetry, otherwise complete recovery. General damages: S$8,000. Special damages: S$800.

Digest :

Tan Heng Lin & Anor v Tay Choon But [1968] 1 MLJ xliii High Court, Singapore (Winslow J).

898 Quantum -- Head

6 [898] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of jaw – Lacerated wound inside mouth – Loss of teeth

Summary :

Male aged 19, comminuted fracture of the right angle of the lower jaw, lacerated wound from the mid-line of the pallet to the upper right first molar, lost four teeth and six lower teeth had to be extracted later, fracture of the alveolar bone, comminuted fracture of the mandible between the lower right and left canines. He now has no ridge to rest his dentures. There is slight but distinct asmmyetry of his face. Both his jaws had to be wired together for about 2[1/2] months. He could only take liquid food during that time, he cannot now wear dentures satisfactorily. There is slight numbness over the right side of the lower jaw. General damages assessed at S$14,000. Special damages at S$500, judgment for the defendant but assessment made in the event of case going to appeal.

Digest :

Poh San Keng & Anor v Poh Bar Chian [1968] 1 MLJ xxi High Court, Singapore (Kulasekaram J).

899 Quantum -- Head

6 [899] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of left cheekbone – Dislocation of jaw

Summary :

Male aged 22, an odd-job labourer. Suffered concussion and shock. Fracture of the left zygoma (depressed). Compound fracture and dislocation of the right ankle. Cracked right frontal bone. Lost extensive area of skin (3 inches x 2 inches) over the outer malleolus exposing the tendon of the peroneal muscles. Skin grafting on the ankle. Walks with a slight limp and has lost full range of movements in the joint. Tires easily when walking long distances and finds difficulty walking on rough ground. Has a clicking noise when he opens and shuts his mouth which is due to the dislocation of the mandibular cartilage, which interferes with mastication, and arthritis is likely to develop. General damages: S$10,000 (S$3,000 for the ankle and S$7,000 for the fractured jaw). Special damages: S$1,454.80.

Digest :

Mohamed bin Ahmad Suleimanie v Gim Guan Co Ltd [1966] 1 MLJ xxxiv High Court, Singapore (Buttrose J).

900 Quantum -- Head

6 [900] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of left cheekbone and jaw – Eye injury, bruising of nasal bridge – Laceration on left side of face

Summary :

Male plaintiff. Suffered the following injuries: haematoma just above nasal bridge [1/2] inch in diameter 1 inch abrasion of left nostril. Laceration of left side of face [1/4 inch] in length, circumorbital ecchymosis of the left eye; and fracture of the left zygomatic complex and left mandible. General damages: S$7,500. Special damages: S$250.

Digest :

Salim bin Ja'afar v Lui Shee Pan [1977] 1 MLJ lxxix High Court, Singapore (Wan Hamzah J).

901 Quantum -- Head

6 [901] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Fracture of lower jaw – Multiple lacerations on face and neck – Fractured tooth

Summary :

Case name: Tan Thiam Ting v Riduan bin Sadi Suit no: DC Suit No 9479 of 1991 (District Court, Singapore) Coram: Wilson Hue, Deputy Registrar Date of hearing: 6 November 1992 Date of accident: 21 March 1991 Age of plaintiff: 30 years old at time of accident Occupation: Driver Brief description of injuries: (a) Multiple lacerations on face and neck (b) Fracture of lower jaw bilaterally - at the condylar process on the right side, and the body of the mandible on the left side (c) Two avulsed teeth and one fractured tooth Liability: Defendant 100% liable. Award: (1) General damages - multiple lacerations on face and neck S$ 2,800 - loss of three teeth S$ 3,000 - fracture of left rim of orbit S$ 5,000 - fracture of mandible S$ 7,000 - fracture of condylar process S$ 8,000 - less overlapping S$ 3,800 (2) Special damages - (agreed) S$ 4,051.30 Interest: 6% pa from date of writ to date of judgment. Authorities cited: Chin Lian Keow v Kim Han Yong 1989 BLD [Oct] 1417; Oh Ah Cheng v Soh Chee Kee 1990 BLD [Jan] 40; Gwee Chiew Guat v Tan Liang Gek 1989 BLD [Jun] 820; Teo Siok Cheng v SBS (1978) Ltd 1990 BLD [Mar] 225; Lim Sio Wak v Teoh Peng Siang & Anor 1990 BLD [Aug] 819; Lau Hsi Yu v SBS (1978) Ltd 1990 BLD [Aug] 820; Tiang Cheong Fu v Tan Meng Yok 1991 MMD [Jun] 651; Teo Chwee Sim v Lim Ba Hai 1991 MMD [Jun] 652; Goh What Seng v Chua Gek Kuan 1991 MMD [Jun] 653; Chua Leh Choo & Anor v Mohd Noor bin Ibrahim & Ors [1988] 2 MLJ xxxi; Gan Kiam Beng v Haji Senan [1987] 2 MLJ xxi; Tan Tee Huat v Loy Sian Wah Anthony 1989 BLD [Jun] 818; Jumahat bin Mokhsin & Anor (The Administrators of the Estate of Muksin bin Dul Saban, deceased) v Ng Geok Eng 1989 BLD [Nov] 1537.

Digest :

Tan Thiam Ting v Riduan bin Sadi DC Suit No 9479 of 1991 District Court, Singapore (Wilson Hue, Deputy Registrar).

902 Quantum -- Head

6 [902] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Hearing impairment – Concussion of internal ear

Summary :

Plaintiff, shopkeeper, aged 48 years. Labyrinthine concussion. Impairment of hearing in both ears. Hearing distance for right ear was reduced to two feet and hearing distance for left ear four to six fee. Normal is eight to ten feet. General damages: S$5,000. Special damages: S$97. Total: S$5,097.

Digest :

K Ambalavam s/o Kandiah v Tan Koon Leok [1967] 1 MLJ xl High Court, Singapore (Ambrose J).

903 Quantum -- Head

6 [903] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Hearing impairment – Head injury

Summary :

Male, aged 41, sawmill labourer earning S$250 per month. The plaintiff, suffered among other injuries, injury to the head resulting in impaired hearing in both ears, the right ear being more affected. Special damages:S $3,436.10. General damages: S$14,000.

Digest :

Chew Cheng Gek v Koh Ah Lum [1964] MLJ xlvi High Court, Singapore (Choor Singh J).

Annotation :

[Annotation: Quantum affirmed on appeal to Federal Court (Thomson LP, Tan Ah Tah FJ and Chua J) 27 February 1964 (Federal Court Civil Appeal No 81 of 1963).]

904 Quantum -- Head

6 [904] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Hearing impairment – Partial deafness in both ears

Summary :

Plaintiff, aged 61, fishmonger. Deafness of both ears. Clinical and audialmetric examination showed about 20% hearing loss in both ears. Could hear ordinary conversational voice fairly well from a distance of 3 feet. General damages: S$2,000. Special damages: S$341. Total: S$2,341.

Digest :

Quak Ah Ban v Tan Ching Mong [1967] 1 MLJ xl High Court, Singapore (Buttrose J).

905 Quantum -- Head

6 [905] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Injury affecting eyes – Loss of sight in both eyes

Summary :

Plaintiff, a provision assistant aged 30, earning S$200 monthly plus food allowance of S$100 per month. As a result of the accident, he sustained a large haematoma with an overlying laceration over the right side of his head. There were localizing neurological signs on the right side of his body and blindness of both eyes. Mild right hemiparesis would be permanent. His mental capacity was affected and tended to be slow, and concentration poor. General damages: S$150,350 being S$80,000 for loss of eyes, S$18,000 for mild hemiparesis, and S$52,350 for loss of future earnings at S$350 per month for 20 years. Special damages S$8,400. Due to overlapping, the judge reduced damages to $148,750.

Digest :

Poh Sun Hong v Lim Peng Chia [1979] 1 MLJ xxxviii High Court, Singapore (Rajah J).

906 Quantum -- Head

6 [906] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Intellectual impairment – Fracture of right temporal bone – Cerebral contusion of right temporal lobe

Summary :

Case name: Balasubramaniam v Singapore Airlines Ltd & Anor Suit no: Suit No 3101 of 1987 (High Court, Singapore) Coram: GP Selvam JC Date of hearing: 27 June 1992 Date of accident: 26 December 1986 Nature of accident: Plaintiff fell from a mobile platform while cleaning a Boeing 747 when a side railing gave way Age of plaintiff: 24 years old at the time of trial Occupation: Aircraft cleaner Earnings: S$500 per month Brief description of injuries: (a) Fracture of right temporal bone (b) Slight cerebral contusion of right temporal lobe Disability: (a) Intellectual and memory impairment (functioning at mentally retarded range of 46) Liability: Defendants 100% liable. Award: (1) General damages - pain, suffering and loss of amenities S$ 60,000 - loss of future earnings (S$1,000 ' 12 ' 16) S$ 192,000 - future costs of medical care S$ 10,000 (2) Special damages - pre-trial loss of earnings ((S$500 ' 38 months) + CPF at 13.5% + (S$160 ' 24)) S$ 25,135 - hospital bills S$ 5,654.20 - transport S$ 200 Interest: 3% pa on pre-trial loss of earnings from date of accident to date of judgment. Authorities cited: Tominam bte Tukimin v Toh Kai Chup [1985] 1 MLJ 408; Lai Chi Kay & Ors v Lee Kuo Shin [1981] 2 MLJ 167; Teo Tio Khiang v Ooi Eng Teong [1987] 1 MLJ 198; Peh Diana & Anor v Tan Miang Lee [1991] 3 MLJ 375.

Digest :

Balasubramaniam v Singapore Airlines Ltd & Anor Suit No 3101 of 1987 High Court, Singapore (GP Selvam JC).

Annotation :

[Annotation: Loss of earnings was computed from April 1987 till May 1992, ie 62 months. However, during that period, the plaintiff was liable to do national service for two years at S$160 per month.]

907 Quantum -- Head

6 [907] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Laceration injury on face – Disfigurement

Summary :

Male rubber planter aged 22, suffered 3[1/2] inch laceration above left eyebrow; 1 inch laceration on left lower eye-lid; 3 inch ragged laceration on upper lip; abrasion on nose; inverted V-shaped laceration on right chin; abrasion above right eye-brow; [3/4] inch laceration on right knee with laceration on joint capsule; 4 inch laceration on tongue through and through; tongue was pierced through at two points; blood flowed freely from left ear resulting in his loss of memory and mental defectiveness; facial disfigurement. General damages: RM3,500. Special damages: RM125.

Digest :

Kong Chaw v Dhan Singh [1966] 2 MLJ xx High Court, Raub (Raja Azlan Shah J).

908 Quantum -- Head

6 [908] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Loss of binocular vision of left eye

Summary :

The plaintiff an infant just under 14 years lost the binocular vision of his left eye in a road accident. The infant was of rather under-average intelligence and had been working in his father's paddy fields since he was 13 years old, rather than continuing in school after standard five in Malay There was no evidence of his earning any wages beyond what a parent ordinarily provides for a child of the necessaries of life. He was no less able after the accident to perform with the aid of one eye all the tasks he had been doing before the accident.

Holding :

Held: that a sum of RM$12,500 was adequate. This sum was intended to bring him a steady income for life and to cover also a degree of pain from all injuries sustained in the accident, further discomfort and cosmetic deformity.

Digest :

Mohamed Ikhawan v Johar & Anor [1966] 1 MLJ 5 High Court, Kuala Lumpur (Ong FJ).

909 Quantum -- Head

6 [909] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Loss of tooth – One incisor knocked out

Summary :

First plaintiff a spinster aged 21, married at the time of the suit. she had abrasions, one incisor tooth knocked out and had to wear a plate with one tooth. General damages for the first plaintiff: S$1,000. Special damages for the first plaintiff: S$100. The defendants were found both liable and as between themselves contribution was ordered as to the first, 25% and as to the second 75%.

Digest :

Jenny Yu & Anor v Pool & Anor [1967] 1 MLJ lxi High Court, Singapore (Chua J).

910 Quantum -- Head

6 [910] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Loss of two front teeth

Summary :

The plaintiff, a washerwoman aged 34, lost her two front teeth after a collision between a bicycle she was riding and a car driven by the defendant. According to the medical report: 'As a result of the loss of her two upper front teeth she has to have artificial replacements. In her case, the replacement is in the form of a partial upper denture. The wearing of a denture does affect the appreciation and enjoyment of food. In addition her ability to bite certain food and fruits is diminished or even rendered impossible. Her appearance is also seriously affected if she does not put on her denture. Furthermore she lives in constant fear of the denture breaking during usage.' General damages: S$2,400.

Digest :

Oh Chwee Neo v Khoo Han Sway [1970] 2 MLJ xx High Court, Singapore (Choor Singh J).

911 Quantum -- Head

6 [911] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Minor injuries – Laceration on forehead – Concussion

Summary :

Case name: Lim Ka Ai v Chua Seng Heng Suit no: MC Suit No 15182 of 1988 Coram: David Lim, Assistant Registrar Date of hearing: 23 September 1989 Date of accident: 2 December 1987 Age of plaintiff: 52 years of age Occupation: Housewife Brief description of injuries: (a) 4cm laceration on forehead (b) Concussion Disabilities: Persistent post-concussional headache and giddiness up to time of assessment Award: (1) General damages - pain and suffering S$ 3,500 (2) Special damages (agreed) S$ 789 Interest: 6% pa from date of writ to date of judgment.

Digest :

Lim Ka Ai v Chua Seng Heng MC Suit No 15182 of 1988 Magistrate's Court, Singapore (David Lim, Assistant Registrar).

912 Quantum -- Head

6 [912] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Multiple facial lacerations – Loss of vision of right eye – Neurosis

Summary :

Case name:Rohaya bte Daud & Ors v Yahya bin Syed Hassan Alsagoff & Ors Suit no:[T]Suit No 264 of 1994 Coram:[T]High Court, Singapore (Mavis Chionh, Assistant Registrar) Date of hearing:[T]18 July 1995 Date of accident:[T]13 October 1991 1st Plaintiff:[T]Rohaya bte Daud Age:[T]28 years old Occupation:[T]Travel consultant Brief description of injuries: (a)[T]Multiple facial lacerations (b)[T]Perforation of the right globe (c)[T]Laceration of the right patella tendon Disabilities: She has no perception of light in the right eye and showed significant enopthalmos. She has lost vision of her right eye. 6 cm scar extending from the right temporal region to the right lateral canthal region and on to the right upper eyelid. 1 cm vertical scar across the right eyebrow. 2 vertical scars 1 cm in length in the right hairline. 1 cm scar in the right medial canthal region. 13 cm scar extending from the mid forehead down onto the left upper eyelid. 3 cm scar extending from the temporal region to the left medial canthal region. 5 cm horizontal scar just above the left upper eyebrow. 2 scars 3 cm in length in the left forehead. 3.5 cm scar in the left temporal region. 1 cm scar in vertical scar in the left lower eyelid. 2 parallel scars 1 cm in length in the left cheek. 1.5 cm scar in the left perialar region. 4 cm transverse scar on the right knee. The upper half of her face is significantly disfigured as the result of the accident. Assessed: [T](1)[T]General Damages: [T][T]-[T]Facial disfigured scars[T]S$[T]20,000.00 [T][T]-[T]Loss of vision of right eye[T]S$[T]35,000.00 [T][T]-[T]Knee injury[T]S$[T]3,000.00 [T][T]-[T]Head injury[T]S$[T]800.00 [T][T]-[T]Loss of earning capacity[T]S$[T]20,000.00 [T][T]-[T]Neurosis[T]No award [T](2)[T]Special Damages[T]S$3,002.40 Registrar's Appeal No 169 of 1995 Before Judith Prakash J on 27 September 1995. The award for loss of earning capacity was increased to:[T]S$[T]30,000.00 Neurosis was awarded:[T]S$[T]20,000.00 Liability 100%.

Digest :

Rohaya bte Daud & Ors v Yahya bin Syed Hassan Alsagoff & Ors Suit No 264 of 1994 High Court, Singapore (Mavis Chionh, Assistant Registrar).

913 Quantum -- Head

6 [913] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Fracture of cervical vertebra with separation at joint of the sixth cervical vertebra

Summary :

Male contractor aged 38 years at the time of the accident. Now aged 41 years. Evulsion fracture of the fourth cervical vertebra with separation at the joint of the sixth cervical vertebra. Both thumbs were now a little numb with a sensation of weakness. Little disability at the present but marked osteo-arthristic changes between the fourth cervical and seventh cervical vertebrae with a likelihood of having these vertebrae fused in the future. No loss of earnings. General damages: S$10,000 (for pain and suffering and osteoarthritis). Special damages: S$180 for transport charges.

Digest :

Sim Chuan Huat v Lim Beng Suan & Anor [1967] 1 MLJ lxii High Court, Singapore (Choor Singh J).

914 Quantum -- Head

6 [914] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Hyperextension injury of cervical spine – Later problems of persistent pain in neck envisaged

Summary :

The plaintiff, the driver of a car, was involved in a road traffic accident with a bus belonging to the defendants. As a result of the accident, the plaintiff sustained hyperextension injury of the cervical spine which might give rise to problems later on in terms of persistent pain in the neck. There might also be a predisposition to early degenerative changes in the spine. General damages: s$4,000.

Digest :

Lim Hee Chuan v Singapore Bus Service Ltd [1979] 1 MLJ xl District Court, Singapore (Tan Soo Kiang, Deputy Registrar).

915 Quantum -- Head

6 [915] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Laceration wound on left side of neck

Summary :

The plaintiff was driving along Tasek road in his motor car on 23 May 1980 at about 9 pm when a lorry coming from the opposite direction suddenly made a 'U' turn in front of the plaintiff's car in trying to proceed along the same direction as the plaintiff. The plaintiff could not avoid the lorry and collided with it. The driver of the lorry was the first defendant and it was owned by the second defendant. The court found the first defendant wholly liable for the accident. The plaintiff suffered a 3 inch long lacerated wound on the left side of his neck which had cut into neck muscle. He also had 1 cm lacerated wound over his left chin and a 3 cm laceratio over the left nostril. The plaintiff sustained slight wasting of muscles of the left upper limb. This resulted from damage to the left brachial plexus caused by traction on the nerves. The weakness in terms of percentage was 40% to 60%. General damages: (a) for injuries, pain and suffering and loss of amenitiesÊ$20,000; (b) future loss of earningsÊRM62,300; pre-trial loss of earnings (total) (for 19 months from the date of the accident)ÊRM15,200; pre-trial loss (partial) (for 30 months)ÊRM18,000.

Digest :

Chow Wing Khuan v Krishnan a/l Kannan & Anor [1986] 2 MLJ xxvi High Court, Ipoh (Ajaib J).

916 Quantum -- Head

6 [916] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Whiplash injury

Summary :

The plaintiff, a 37-year-old taxi driver was involved in a road traffic accident. He sustained whiplash injury of the neck, but without residual effect. General damages: S$4,000. Special damages: S$1,035.

Digest :

Yu Yong Khang v Miariassan Nagarajan [1988] 2 MLJ xxvii District Court, Singapore (Chan Hian Young Deputy Registrar).

917 Quantum -- Head

6 [917] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Whiplash injury of – Stationary vehicle hit from behind

Summary :

Case name: Quek Peck Har & Anor v Lee Kim Fuay Suit no: DC Suit No 14659 of 1986 Coram: Tan Siong Thye, Magistrate Date of hearing: 7 May 1988 Date of accident: 28 July 1986 Nature of accident: Plaintiffs were in a stationary vehicle which was hit in the rear by another vehicle Brief description of injuries: Both plaintiffs suffered a whiplash injury of the neck Liability: Defendant 100% liable Award: First plaintiff (1) General damages S$ 4,000 (2) Special damages S$ 314 Second plaintiff (1) General damages S$ 4,000 (2) Special damages S$ 575 Authorities cited: Tay Ah Lan v SBS (1978) Ltd [1985] 2 MLJ cxciii; Yu Yong Khang v M Nagarajan (DC Suit No 5780 of 1986) (unreported); Lim Hee Chuan v SBS (1978) Ltd [1979] 1 MLJ xi; Re John Arthur Harper [1982] 2 MLJ xlviii.

Digest :

Quek Peck Har & Anor v Lee Kim Fuay DC Suit No 14659 of 1986 Tan Siong Thye, Magistrate

918 Quantum -- Head

6 [918] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Neck injury – Whiplash injury of the cervical spine – Resulting in immobility of neck

Summary :

The first plaintiff, a 51-year-old nurse, was involved in a road traffic accident. She sustained the following injuries: (a) hyperextension injury of the cervical spine (whiplash injury); (b) X-ray showed signs of cervical spondylosis especially at C4/5. She was likely to have had some amount of cervical spondylosis prior to the accident and the accident itself aggravated her symtoms. It is unlikely that she will be completely symptom-free in the future. The judge made the following awards: (1) pain and sufferingÊS$10,000; (2) loss of earning capacityÊS$1,500; (3) special damages (agreed)ÊS$100. The second plaintiff was awarded special damages (agreed)ÊS$3,582. Interest: first plaintiff, award (1) carried interest at 6% pa from date of service of the writ of summons to the date of judgment; second plaintiff 6% pa from date of service of the writ of summons to date of judgment

Digest :

Chhe Geok Yong & Anor v Ong Boo Ngee [1988] 2 MLJ xxvi District Court, Singapore (Rahim Jalil DJ).

919 Quantum -- Head

6 [919] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Nose – Fracture of nasal bone

Summary :

Case name: Tan Boon Wah & Anor v Ong Koh Meng Suit no: MC Suit No 9836 of 1989 Coram: Wong Kok Weng, Deputy Registrar Date of hearing: 27 March 1990 Date of accident: 5 November 1987 Age of plaintiff: 53 years old Brief description of injury: Fracture of nasal bone. There was, however, no gross deviation of the nose and the septum was central. Liability: Defendant admitted 100% liability. Award: First plaintiff (1) General damages - fracture of the nasal bone S$ 2,500 First and second plaintiffs (2) Special damages (agreed) S$ 2,250 Interest: 6% pa from date of writ to date of judgment. Authorities cited: Eiap Teng Siyum v Mohd Noor [1988] 2 MLJ xxx; U Dhayakumar v Chin Kon Tai [1986] 1 MLJ lii; Tan Tee Huat v Loy Sian Wah 1989 BLD [June] 818.

Digest :

Tan Boon Wah & Anor v Ong Koh Meng MC Suit No 9836 of 1989 Singapore (Wong Kok Weng, Deputy Registrar).

920 Quantum -- Head

6 [920] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Nose injury – Fracture of nasal bone

Summary :

Male contractor aged 38 years at the time of the accident. Now aged 41 years. Suffered fracture of the nasal bone with slight deviation. No loss of earnings. General damages: S$10,000 (for pain and suffering and osteo-arthritis). Special damages: S$180 transport charges.

Digest :

Sim Chuan Huat v Lim Beng Suan & Anor [1967] 1 MLJ lxii High Court, Singapore (Choor Singh J).

921 Quantum -- Head

6 [921] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Nose injury – Fracture of nasal bones – Surrounding abrasions and haematoma

Summary :

The plaintiff was a secretary employed by a firm in the Lido Building. She was knocked down by a motor-cycle while crossing Scotts Road. Admitted to hospital for two days with a depressed fracture of the nasal bones with surrounding abrasions and haematoma and a small [1/2] inch superficial laceration on the palm of her hand. She had been flung to the ground and her face had hit the roadway. Her eyes were bruised. She was 27 years of age and had been a part-time model. General damages: S$2,000. Special damages: S$270.

Digest :

Manwani Roop v Goh Chye Meng [1972] 2 MLJ lviii District Court, Singapore (Tan Hoay Djin DJ).

922 Quantum -- Head

6 [922] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Nose injury – Fracture of orbital floor – Lacerations – Haematoma on forehead

Summary :

Case name: Lim Bee Keow v Soh Choon Seng & Anor Suit no: DC Suit No 6149 of 1991 (Subordinate Court, Singapore) Coram: Christopher Goh, Deputy Registrar Date of hearing: 24 February 1993 Date of accident: 27 January 1991 Nature of accident: Plaintiff knocked down by taxi Age of plaintiff: 29 years old at time of accident Occupation: Machine operator Brief description of injuries: (a) Undisplaced fracture of nasal bone (b) Fracture of orbital floor with displacement (c) 1cm laceration over nasal bridge (d) Mild abrasion of right elbow (e) Abrasion of right knee (g) 2cm laceration of left cheek (g) Haematoma right side of forehead Disabilities: (a) Left eye is bigger than right eye, slight depression below left eye (b) Nasal bridge bent (c) Scar on left cheek Liability: First defendant 65% liable; plaintiff 35% contributorily liable. Award (on 100% basis): (1) General damages - fracture of nasal bone S$ 2,500 - fracture of orbital floor S$ 3,000 - abrasions/lacerations S$ 1,300 - haematoma S$ 300 - loss of marriage prospect S$ 400 (2) Special damages - (agreed) S$ 758.30 - cost of plastic surgery S$ 900 Interest: 6% pa from date of issue of writ and 8% pa from date of judgment. Authorities cited: Tan Lue Tin & Ors v Yamaha Music (Asia) Pte Ltd & Anor 1990 BLD [May] 451; Lau Hsi Yu v Singapore Bus Service (1978) Ltd 1990 BLD [Aug] 820; Tan Tee Huat v Loy Siah Wah Anthony 1989 BLD [Jun] 818; Tan Boon Wah v Ong Koh Meng 1990 BLD [Jul] 664; Zainal Abidin bin Ali v Chan Mook Sung 1992 MMD [Feb] 202; Chua Peng Hin v Soh Kim In 1991 MMD [Sep] 1028; Toh Alice v Chong Yew Beng & Anor 1991 MMD [Nov] 1371; Phang Tuck Mun v Chua Gek Kuon 1991 MMD [Jul] 760; Ng Lye Chai & Anor v Tian Hoi Peng 1992 MMD [Jun] 874; Loh Kum Foo v Ho Chee Eng 1992 MMD [May] 606; Poh Chee Shin v Yap Chin Hock 1991 MMD [Oct] 1192; Tan See Teng v Lim Kwee Hwee 1992 MMD [Apr] 463; Tarun Kumar v Ho Beng Neo 1992 MMD [Aug] 1032; Quek Wai Leng (an infant) v Tan Tiam Kwee (Suit No 2466 of 1986); Wong Nyuk Mui v Jimining Iojunang & Anor (Suit No 284 of 1975).

Digest :

Lim Bee Keow v Soh Choon Seng & Anor DC Suit No 6149 of 1991 Subordinate Court, Singapore (Christopher Goh, Deputy Registrar).

923 Quantum -- Head

6 [923] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Severe cerebral concussion – Fracture of right temporal bone – Partial loss of hearing – Facial paralysis

Summary :

Case name: Tarun Kumar v Ho Beng Neo Suit no: Suit No 4720 of 1984 (High Court, Singapore) Coram: Chao Hick Tin J Date of hearing: 20 March 1992 Date of accident: 23 September 1980 Nature of accident: Plaintiff was struck by a motor car driven by the defendant Age of plaintiff: 12 years old at time of accident Brief description of injuries: (a) Severe cerebral concussion (b) Fracture of right temporal bone Disabilities: (a) 35% loss of hearing in the right ear (b) Paralysis on right side of the face (c) Excessive tearing of right eye (d) Right eye lid cannot be closed completely (e) Saliva dropping from right corner of the mouth (f) Change in temperament Liability: Defendant 100% liable. Award: (1) General damages - fracture of right temporal bone S$ 4,000 - hearing loss in right ear (35%) S$ 5,000 - facial paralysis (right side) S$ 10,000 - tearing, eye lid cannot be completely closed and drooling S$ 15,000 - labile temperament and embarrassment S$ 6,000 (2) Special damages (agreed) S$ 3,000 Authorities cited: Lim Bok Eng v Tan Soon Huat 1989 BLD [Oct] 1419; Teo Siok Cheng v Singapore Bus Service (1978) Ltd 1990 BLD [Mar] 225; Goh Chia Tee v Lau Chun Leung [1985] 2 MLJ cxcii; Khairul Anwar bin Abu Bakar v Lim Eng Choon 1991 MMD [Jan] 64; Leong Lai Mun v Singapore Bus Service (1978) Ltd 1991 MMD [Mar] 284; Teo Chwee Sem v Lim Ba Hai 1991 MMD [Jun] 652; Cheam Yut Cheong v Chung Meng Sun [1982] 2 MLJ xlviii.

Digest :

Tarun Kumar v Ho Beng Neo Suit No 4720 of 1984 High Court, Singapore (Chao Hick Tin J).

Annotation :

[Annotation: It was stressed that the court must always scrutinize complaints of temperamental behaviour with care, as very often they are self-serving and are very difficult for the other side to disprove. The court also felt that the claim for loss of marriage prospects was too remote in this case.]

924 Quantum -- Head

6 [924] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head – Throat injury – Voice became hoarse and soft

Summary :

The first plaintiff was 12 years old at the time of the accident. His throat hit the cross-bar of the seat of the bus in which he was travelling. He claimed for damages for permanent injuries to his voice which became hoarse and soft. The learned Deputy Registrar assessed damages at S$28,000 for pain and suffering, S$15,000 for loss of earning capacity (the plaintiff was a schoolboy at the time of the assessment) and S$217 as special damages.

Digest :

Chiang Kian Ngin & Ors v Low Thye Hong & Ors [1981] 2 MLJ clxxxii High Court, Singapore (Low Wee Ping, Deputy Registrar).

925 Quantum -- Head injury

6 [925] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain contusion – Coma – Post-traumatic brain syndrome – Personality change

Summary :

Case name: Peh Diana & Anor v Tan Miang Lee Suit no: [1991] 3 MLJ 375 Coram: Louis D'Souza, Senior Assistant Registrar Date of hearing: 22 February 1990 Date of accident: 20 February 1988 Age of plaintiff: 14 years old at date of accident Occupation: Student Brief description of injuries: (a) Was in coma for about 20 days (b) 3cm laceration over medial aspect of left ankle (c) Brain contusion with some blood in right ventricle (d) Partially cut left medial deltoid ligament (e) Suffered a bout of bronchopneumonia which required tracheostomy for ventilatory support (f) Suffered third and seventh nerve upper motor neurone lesion of the left side Disabilities: (a) Left hemiparesis with tight left elbow flexors (b) Expressive aphasia (c) Dyslexia (d) Mildly mentally retarded with low IQ (e) Post-traumatic brain syndrome with disorientation, poor concentration and impairment of memory (f) Personality change (g) Will require constant personal care and attention for the rest of her life Award: First plaintiff (1) General damages - pain and suffering S$ 150,000 - loss of future earnings S$ 325,536 (S$1,361 ' 13 mths ' 15% CPF ' 16 years) - costs of maid (S$750 ' 12 S$ 180,000 ' 20 years) - future costs of treatment S$ 5,000 (2) Special damages S$ 31,163.85 Second plaintiff (1) Special damages S$ 3,375 Interest: 6% pa on S$184,538.85 from date of writ to date of judgment. Authorities cited: Lai Wee Lian v Singapore Bus Service Ltd [1984] 1 MLJ 325; Tan Joo Heng v Thiam Boon Kiap 1989 BLD [Feb] 209; Chiang Chang Sein v Estate of Leow Poh Hua, deceased 1990 BLD [Jun] 551; Abdullah bin Mat Noor v Husin bin Saat [1988] 2 MLJ xxviii; Teo Tio Khiang v Ooi Eng Teong [1986] 2 MLJ cclv; Chan Kam Lan v Ong Lean Kee [1979] 1 MLJ xxxviii; Poh Sun Hong v Lim Peng Chia [1979] 1 MLJ xxxviii; Chiang Kian Ngin v Low Thye Hong [1981] 2 MLJ clxxxii; Inon bte Bidin v Koh Seng Song [1989] BLD [Feb] 214; Moeliker v A Reyrolle [1977] 1 All ER 9; Sali bin Dawing v Lim Kat Kang [1986] 2 MLJ 50; Au Kee Tuang v Lightweight Concrete Pte Ltd [1984] 2 MLJ xxix; Tan Teck Chye v Chia Mee Sieng [1988] 2 MLJ xxvi; Azman bin Kasri v Md Isa bin Endut [1988] 2 MLJ xxviii; Siti Rahmah bte Ibrahim v Marappan 1989 BLD [May] 643; Mohamed Fami Hassan v Swissco Pte Ltd [1986] 1 MLJ 461.

Digest :

Peh Diana & Anor v Tan Miang Lee [1991] 3 MLJ 375 High Court, Singapore (Louis D'Souza, Senior Assistant Registrar).

Annotation :

[Annotation: On appeal to the judge-in-chambers, Chao Hick Tin J reduced the award as follows: pain and suffering S$82,000, loss of future earnings S$134,550, costs of maid S$30,000. The plaintiffs have appealed to the Court of Appeal.]

926 Quantum -- Head injury

6 [926] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage, generalized – Vasomotor instability

Summary :

Plaintiff was 20 years old at the time of the accident. Just prior to the accident, he was given a place at Queen Mary College, London for a course in engineering. He showed signs and symptoms of a vasomotor instability secondary to post-head-injured state. His memory was impaired and his calculations were poor. He suffered some generalized brain damage. The extent to which he would recover was uncertain. He also suffered 3 cm laceration over right temperoparietal area, 4 cm laceration over right tibia, subtrochanteric fracture of the right femur, cerebral concussion and footdrop. Osteo-arthritis was likely to develop in the right hip and left knee. He was permanently incapacitated from work or activities requiring squatting, running, heavy lifting, walking on uneven ground or prolonged walking. General damages: RM82,000 (RM45,000 for pain and suffering and RM37,000 for partial loss of future earnings at RM400 per month for 10 years). Special damages: RM$2,500. The award on partial future loss of earnings was made on the evidence of the psychologist that it was doubtful that the injured could succeed in pursuing his engineering course.

Digest :

Ho Chee Fatt v Subbarow s/o Kasy [1977] 2 MLJ xlvii High Court, Kuala Lumpur (Harun J).

927 Quantum -- Head injury

6 [927] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage, permanent – Severe head injury – Brain contusion – Skull fracture – Complete paralysis of all four limbs

Summary :

Case name: Siti Rahmah bte Ibrahim v Marappan a/l Nallan Koundar & Anor Suit no: [1989] 1 CLJ 252 (High Court, Ipoh) Coram: Abdul Malek J Date of hearing: 4 and 30 October 1988 Nature of accident:Collision between bicycle ridden by plaintiff and motorcar driven by first defendant as a servant and agent of the second defendant Age of plaintiff: 23 years old at time of accident Occupation: Undergoing training as a teacher Earnings: Plaintiff receiving allowance of RM345 pm from teacher's training institute Brief description of injuries: (a) Severe head injury that left plaintiff comatose for a lengthy period (b) Contusion of brain (c) Fracture of right front-parietal bone of skull Disabilities: (a) Complete paralysis of all four limbs (b) Completely vegetative and bedridden (c) Unable to be in contact with the environment (d) Unable to express herself or show any kind of appreciation as in eating, feeling, swelling, etc. Liability: Defendants 35% liable; plaintiff 65% liable Award (on 100% basis): (1) General damages - pain and suffering and loss RM 180,000 of amenities - cost of future care RM 67,200 (RM350 ' 12 ' 16 (multiplier)) - future loss of earnings RM 66,240 (RM345 ' 12 ' 16 (multiplier)) (2) Special damages RM 10,235 Interest: (1) at 8% pa on general damages, except future losses, from date of service of writ to date of judgment. (2) at 4% pa on special damages from date of accident to date of judgment. Authorities cited: Abdullah bin Mat Noor v Husin bin Saat & Anor [1985] 2 MLJ xxviii; Soh Kheng Seng v Leong Chee Hoong & Anor [1980] 2 MLJ xcix; Abdul Rahim bin Ismail v Tan Tuck Meng & Anor [1986] 2 MLJ cclviii; [1987] 2 MLJ xix; John s/o Netchumayah v Marimuthu a/l Govindan [1985] 2 MLJ cl; Loh Koon Tuck & Anor v Tham Ah Kow & Anor (Civil Suit 102/84, High Court (Penang)) (unreported); Mohamed Fami Hassan v Swissco Pte Ltd & Govt of the Republic of Iraq; Iraqi State Enterprise for Maritime Transport (Third Party) [1986] 1 MLJ 461; Teoh Suan Eng v Lew Meng Shin & Anor [1982] 2 MLJ 289; Abdul Munir bin Hj Abdul Rahman v Mohamed Adzha bin Hassan [1985] 2 MLJ cl; Petaling Rubber Estate Ltd & Anor v Nadarajah a/l Sellappan & Ors [1988] 1 MLJ 22; Keast v The Barrow Hematite Steel Co [1899] TLR 141; Sussex Peerage Case 8 ER 1034; Koay Tuan & Anor v Eng Chong How & Anor [1987] 1 MLJ 422; Lai Wee Lian v Singapore Bus Service (1978) Ltd [1984] 1 MLJ 325; Ahmad Nordin bin Hj Maslan & Anor v Eng Ngak Hua & Ors [1985] 2 MLJ 431; P'ng Seok Ch'nia v Chandra Bose s/o Makkali & Anor (Civil Suit 25-614-75, High Court (Penang)) (unreported); Kamala a/p Gopal v Ajendran a/l Ramasamy & Anor (Civil Suit 25-17-88, High Court (Johore Bahru)) (unreported); Mohd Zamri bin Khalid & Anor v Johari bin Khalid & Anor [1985] 1 MLJ 142; Moriarty v McCarthy [1978] 2 All ER 213; Taylor v Bristol Omnibus Co [1975] 2 All ER 1107; Jalilah bte Md Yusoff v Poo Vee Pow & Ors (Civil Suit 25-333-85, High Court (Malacca)) (unreported).

Digest :

Siti Rahmah bte Ibrahim v Marappan a/l Nallan Koundar & Anor [1989] 1 CLJ 252 High Court, Ipoh (Abdul Malek J).

Annotation :

[Annotation: In the instant case, the learned judge held that the plaintiff, who was undergoing training as a teacher, could be considered to be engaged in gainful activity and that the monthly allowance received by her from the teacher's training institute at the time of the accident came within the purview of s 28A(2)(c)(i) of the Civil Law Act 1956 for purposes of awarding damages for loss of future earnings.]

928 Quantum -- Head injury

6 [928] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage

Summary :

The plaintiff was 66 years old at the time of the accident. He was 72 years old at the time of the trial. Before the accident, the plaintiff worked as a construction labourer employed by Swee Construction & Transport Co Pte Ltd and was earning S$10.60 a day. Agreed special damages: S$24,900. General damages: S$47,100 (being S$30,000 for brain injury and S$17,100 for payment to helper).

Digest :

Sinappan Selvam v Koh Thow [1984] 2 MLJ xxviii High Court, Singapore (Rajah J).

929 Quantum -- Head injury

6 [929] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage – Difficulty in speech, slow, incontinence, fits and loss of sexual function

Summary :

Male, a tile-maker and owner of a tile factory. Earned about RM200 monthly. He suffered abrasions and lacerations over parts of his body and brain injury. Hospitalized for 39 days. Consequential effect of the brain damage is quite extensive. He stammers, has difficulty in speaking, is slow in gait and has faltering memory. He is unable to attend to his business transactions. He has incontinence and fits. He also suffers loss of sexual function and is unable to look after himself. He is virtually a cripple. General damages: RM40,000. Special damages RM9,500.

Digest :

Mohamed Ariffin bin Mat Nor v Sieng Huat Sawmills & Ors [1977] 1 MLJ lxxix High Court, Kota Bharu (Abdul Razak J).

930 Quantum -- Head injury

6 [930] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage – Permanent damage – Degeneration of nerve fibres and loss of white brain matter

Summary :

Case name: Kuppusamy v Nithanathan Suit no: [1990] 2 MLJ 494 (High Court, Penang) Coram: Edgar Joseph Jr J Date of hearing: 12 March 1990 Nature of accident: Collision between bus driven by defendant and motor cycle ridden by plaintiff Brief description of injuries: (a) Diffuse irreversible brain injury (b) Deterioration in mental functions Liability: Plaintiff 50% liable and defendant 50% liable. Award (on 100% basis): (1) General damages - pain and suffering and loss RM 110,000 of amenity - loss of future earnings RM 34,902 (agreed) (2) Special damages - loss of past earnings RM 23,100 (agreed) - other special damages RM 1,530 (agreed) Interest: 6% pa on general damages from date of accident to date of trial and 8% pa on judgment debt from date of judgment until realization. Authorities cited: Humphrey v Leigh [1971] RTR 363; Hussein & Anor v Maideen [1970] 1 MLJ 114; Liew Voon Kong & Anor v Mustapha bin Kamis [1978] 1 MLJ 217; Harding (An Infant) v Hinchcliffe The Times, 8 April 1964; Williams v Fullerton (1961) 105 Sol J 280; The 'MacGregor' [1943] AC 197; Brown & Anor v Thomson [1968] 2 All ER 708; Lang v London Transport Executive [1959] 3 All ER 609; Chong Ying Khoon v Lee Joo Kam & Anor [1988] 1 CLJ 795; Pattan a/l Sembadayan v Periasamy s/o Vellan [1988] 1 CLJ 826; Tominam bte Tukimin v Toh Kai Chup [1985] 1 MLJ 345; Lai Chi & Ors v Lee Kuo Shin [1981] 2 MLJ 167; Jamil bin Harun v Yang Kamsiah & Anor [1984] 1 MLJ 217; Liong Thoo v Sawiyah & Ors [1982] 1 MLJ 286; Murtadza bin Mohamed v Chong See Piau [1980] 1 MLJ 211.

Digest :

Kuppusamy v Nithanathan [1990] 2 MLJ 494 High Court, Penang (Edgar Joseph Jr J).

931 Quantum -- Head injury

6 [931] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Brain damage – Permanent damage – Regained consciousness four months after accident – Totally incapacitated – Behaviour reduced to that of an infant

Summary :

Case name: Ahmad Daman Huri bin Hussein v Koo Chin Yau Suit no: [1990] 1 CLJ 747 (High Court, Kuala Lumpur) Coram: Lim Beng Choon J Date of hearing: 22 December 1989 Date of accident: 31 August 1984 Occupation: Security guard Brief description of injuries: (a) Severe head injury (b) Regained unconsciousness only four months after accident Disabilities: (a) Totally incapacitated (b) Incontinence of urine and faeces (c) Slurring of speech (d) Behaviour reduced to that of an infant Liability: Defendant 45% liable; plaintiff 55% liable. Award (on 100% basis): (1) General damages - pain, suffering and loss of RM 90,000 amenities - loss of future earnings RM 42,000 - cost of nursing care (post- RM 24,000 trial period of 60 months) (2) Special damages - (agreed)T]RM 1,440 - loss of pre-trial earnings RM 38,215 - cost of nursing care (pre- RM 18,800 trial period of 47 months) Interest: 8% pa on the award for pain, suffering and loss of amenities from date of service of writ to date of judgment. 4% pa on the agreed special damages, pre-trial loss of earnings and the award on the cost of pre-trial nursing care from date of accident to date of trial Authorities cited: Kow Ah Dek & Anor v K Ratnasingam [1981] 2 MLJ 24; Lim Eng Kay v Jaaf [1982] 2 MLJ 156; Cunningham v Harrison [1973] 3 WLR 97.

Digest :

Ahmad Daman Huri bin Hussein v Koo Chin Yau [1990] 1 CLJ 747 High Court, Kuala Lumpur (Lim Beng Choon J).

932 Quantum -- Head injury

6 [932] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Cephalohaematoma – Fracture of left parietal bone – Memory deficit – Definite risk of developing epilepsy

Summary :

Case name: Phang Pay Fong v Ng Tiong Huat & Ors Suit no: High Court Suit No 4147 of 1986 Coram: Louis D'Souza, Assistant Registrar Date of hearing: 1 November 1988 Date of accident: 18 June 1985 Age of plaintiff: 20 years old at time of accident Occupation: Sewing operator Earnings: S$305-S$450 pm Brief description of injuries: (a) Cephalohaematoma at left parietoccipital region (b) Fracture of the left parietal bone (c) Drowsiness (d) A special computerised brain scan showed left parietal extradural haematoma (intracranial haemorrhage) (e) Plaintiff underwent operation and the intracranial blood clot was removed Disabilities: Some degree of memory deficit affecting retention. She complained of giddiness. An EEG (brain wave test) showed that there was a focus in the left part of her brain. She has a small but definite risk of developing epilepsy. Award: (1) General damages - pain and suffering S$ 18,000 (2) Special damages (agreed) S$ 3,502.80 Interest: 6% on general damages from date of writ to final judgment and 4% on special damages. Authorities cited: Cheam Yut Cheong v Chung Meng Sung [1982] 2 MLJ xlviii; Lee Hock Leong v Chua Leng Hock DC Suit No 12606 of 1986 (unreported); Norma bte Semawi v Zaini bin Jaafar [1984] 1 MLJ Ixx; Wahat bin Hj Yahya v Sim Wi Fat [1986] 2 MLJ cclvi; Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv.

Digest :

Phang Pay Fong v Ng Tiong Huat & Ors High Court Suit No 4147 of 1986 Louis D'Souza, Assistant Registrar

933 Quantum -- Head injury

6 [933] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Cerebral concussion, mild – Haemorrhage in right perorbital and subconjunctival – Bleeding from ear, suspected basal skull fracture – Resultant diminished hearing, giddiness and slight prominence of right malar region

Summary :

The plaintiff, a student, was 12 years old at the time of the accident. He sustained the following injuries: (a) mild cerebral concussion; (b) right perorbital and subconjunctival haemorrhage; (c) bleeding from the right ear from suspected basal skull fracture; (d) swelling over the right malar region. As a result, the plaintiff suffered from: (i) mild diminished hearing in the right ear; (ii) subjective sensation of occasional giddiness, usually induced by sudden head movement; and (iii) slight prominence of the right malar region. General damages awarded: S$6,000 for cerebral concussion with permanent giddiness; S$4,000 for impairment of hearing; and S$1,000 for permanent prominence of right malar region. Special damages (agreed): S$233.50.

Digest :

Lee Hock Leong & Anor v Chua Leng Hock [1988] 2 MLJ xlix District Court, Singapore (Liew Thiam Leng DJ).

Annotation :

[Annotation: The first plaintiff was adjudged to be 20% liable and the defendant 80% liable.]

934 Quantum -- Head injury

6 [934] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Cerebral concussion – Haematoma on forehead – Consequent feeling of malaise and weakness

Summary :

The plaintiff was a lorry driver. Before the date of accident, he earned an average salary of RM250 a month. He was 38 years old at the date of the trial. As a result of the motor accident, he suffered the following injuries: (1) cerebral concussion; (2) haematoma 1[1/2] inches diameter at forehead; (3) abrasion at right side of chest; (4) lacerated wound at left knee; and (5) abrasion at right knee. Consequently, the plaintiff lost consciousness and suffered from cerebral concussion. He suffered cerebral atrophy and dilation of his ventricles far in excess of that obtaining in a 35-year-old individual. The atrophy would appear most marked in the prepontile and basilar cisterns around the mid-brain and pons. The plaintiff suffered from feelings of malaise and weakness and walked with a gait as his left muscles pulled. The court noted that the plaintiff did not appear to be a normal healthy person, and that he would not be able to do any work in the future. The first defendant was found to be totally liable for the accident. The plaintiff was therefore awarded as follows: (i) agreed special damagesÊRM1,440; (ii) loss of earnings up to date of judgmentÊRM11,400; (iii) future loss of earningsÊRM33,816.87; (iv) pain and suffering and loss of amenitiesÊRM55,000. Total:ÊRM101,656.87. The claims against the other four defendants were dismissed with costs.

Digest :

Ng Fa v Kamarul Bahrin & Ors [1984] 1 MLJ lxx High Court, Kota Bharu (Mohamed Eusoff Chin J).

935 Quantum -- Head injury

6 [935] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Cerebral concussion – Laceration over occipital scalp

Summary :

The plaintiff, aged 60, sustained the following injuries: (1) cerebral concussion; (2) 1 cm laceration over occipital scalp; (3) 2 cm laceration over the right elbow; (4) 20 x 10 cm haematoma of her right thigh; (5) ecchymosis of right shin; (6) contusion of left shoulder. General damages: RM5,000. Special damages was agreed at RM58. The plaintiff was found 50% negligent and damages were reduced accordingly.

Digest :

Puan Ah Lai v Poh Lye Chwee [1985] 2 MLJ cxcii District Court, Selangor (Abdul Rahim DJ).

936 Quantum -- Head injury

6 [936] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of frontal bone involving frontal sinus and base of skull – Extradural haematoma at left frontal region – Haemorrhagic contusion at left frontal lobe – Risk of epileptic seizure in future – Double vision

Summary :

Plaintiff was 16 years old at the time of accident on 15 August 1980. 20 years old at the date of trial and was serving National Service as a clerk. He sustained a depressed fracture of the frontal bone involving the frontal sinus and base of the skull. There was extradural haematoma left frontal region, haemorrhagic contusion left frontal lobe and vitreous haemorrhage in the right eye. His life was saved by the timely removal of the extradural haematoma on the left frontal region. The depressed fracture also needed elevation as the fragments were pressing on and contusing the left frontal region of the brain. The fracture also involved the superior margin of the left orbit causing cosmetic deformity and interfered with the normal movements of his left eyeball. The frontal sinus had to be packed with muscle from his right thigh to prevent air from entering the brain fluid and to prevent leakage of brain fluid through the nose. Both would have resulted in meningitis, a life-threatening condition which is difficult to treat. These operations resulted in the presence of an unavoidable bone defect measuring 7 x 10 cm on the front of his skull. Plaintiff complained of being easily fatigued and of double vision on looking upwards to both right and left sides. He had contusion of the left frontal lobe of the brain and the resultant scarring may result in epilepsy. The chances of this happening is about 25%. He is on anticonvulsant treatment to prevent the development of epilepsy. A cranioplasty operation to repair a bone defect present on the frontal of his skull was carried out on 18 June 1982. On 16 August 1984, he was re-examined and he has not had any epileptic seizures so far and is no longer taking the anti-convulsant drugs given. He is still at risk of getting these seizures in the future. General damages: S$42,000 (S$30,000 for pain and suffering and loss of amenities and S$12,000 for loss of future earnings). Special damages agreed at S$800. Plaintiff was 25% to be blamed for the accident and damages will be reduced accordingly.

Digest :

Goh Chin Tee v Lau Chun Leung [1985] 2 MLJ cxcii High Court, Singapore (Lim Joo Toon, Assistant Registrar).

937 Quantum -- Head injury

6 [937] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of frontal bone with 3 inch laceration – Seizures of a generalized nature

Summary :

Plaintiff suffered compound fracture of the frontal bone with a 3-inch laceration and fracture of the left clavicle. He had seizures of a generalized nature, in the form of a mild right central facial and tendon jerks-brisk on the right side. He appeared to smile inappropriately. The learned judge noted that for a young man it could a source of embarrassment and took this into consideration in assessing general damages. Total general damages assessed was S$15,000 but having regard to overlapping the learned judge awarded general damages S$13,000. The plaintiff was found to be 30% liable. Damages were reduced accordingly.

Digest :

Wong Peck Kheng v Marthamuthu s/o Peri Samy [1977] 2 MLJ xlvii High Court, Singapore (Abdul Hamid J).

938 Quantum -- Head injury

6 [938] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of left parietal region and occipital bone on the left side – Epileptic fits

Summary :

Plaintiff, a fishmonger, aged 33, sustained a long fissured fracture of the left parietal region and fissured fracture of the occipital bone on the left side. He had a generalized convulsion for about 20 seconds and after that he developed grand mal type of epileptic fits for which he was put on anti-epileptic drugs. He was discharged against medical advice but this would not have affected his epilepsy in any event. He has epileptic fits once or twice a month on average ever since and continuing. General damages: S$16,000 (S$4,000 for the two fractures of the skull, S$12,000 for the epilepsy). Special damages: S$1,584.50.

Digest :

Low Hork Guan v William Drylie Gray [1968] 2 MLJ xxii High Court, Singapore (Tan Ah Tah FJ).

939 Quantum -- Head injury

6 [939] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of parietal bone – Resultant poor memory, personality change

Summary :

The plaintiffs sued the defendant for damages arising from an accident involving the plaintiffs' bicycle and the defendant's motor-cycle. The court found the defendant wholly liable for the accident. The first and second plaintiffs were both fishermen. The first plaintiff who was paddling the bicycle suffered slight injuries. He received the amount of RM1,000 as agreed general damages and RM100 as special damages. The second plaintiff who was the pillion rider suffered the following injuries: (1) fracture of the right parietal bone and fracture of the left maxillary antrum. The fractures are now healed but the brain has been affected. The medical reports showed that the brain injury had turned him into a completely detached person with his own deep thoughts. He has poor memory with total lack of interest in his work, personal hygiene and his surroundings. The changes in his personality are permanent; (2) one-inch laceration on the right elbow and one-inch laceration over the occiput; (3) bleeding through the right ear. The court allowed the second plaintiff RM88,000 general damages being RM18,000 for deafness as agreed by the parties and RM70,000 for his head injuries. Loss of future earnings amounted to RM60,908.

Digest :

Ibrahim bin Mat Yatim & Anor v Gan Jiuk Tiau [1985] 2 MLJ cxlviii High Court, Kuala Lumpur (Eusoff Chin J).

940 Quantum -- Head injury

6 [940] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of right parietal bone – Laceration and haemotoma at right parieto-occipital region – Consequent dementia

Summary :

The plaintiff, aged 19, was a factory worker earning about S$173 a month. She sustained the following injuries: (1) fracture of the right parietal bone. (2) 4 cm laceration with surrounding haematoma at the right parieto-occipital region and [1/2] cm linear laceration of the right leg with a compound fracture of the right tibia. The plaintiff suffered brain damage and consequently, dementia (a state of generalized intellectual impairment) and personality change. She could not live an independent existence and would be socially and economically dependent on others. General damages: S$87,900 (S$50,000 for pain and suffering and loss of amenities and S$37,900 for loss of future earnings). Special damages: S$10,500. Liability was adjudged at 50% and damages were reduced accordingly.

Digest :

Chan Kam Lan v Ong Lean Kee [1979] 1 MLJ xxxviii High Court, Singapore (Wee Chong Jin CJ).

941 Quantum -- Head injury

6 [941] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of right parietal bone – Large tense haematoma on right parietal prominence – Resultant paralysis of right hand – Deformed right foot – Dementia

Summary :

Infant girl, aged two months at the time of the accident on 8 June 1960. On admission to hospital, she showed generalized spasms of all four limbs. No signs of external injury. Large tense haematoma over the right parietal prominence was noted with crepitus beneath. X-ray revealed horizontal fracture of the right parietal bone. After 24 hours, deepening coma was noted and traphining was done. A subdural haematoma was evacuated. She is now unable to use her right hand, it being completely paralyzed and her right foot is deformed but she is able to move about with a limp. At the age of eight, her head was the right size for a three-year-old child. She is demented but could obey simple commands but her attention was poor. Her mental age would be about that of a three-year-old child. Aside from that she is a mentally deficient child who would never be able to earn her own living and would always require someone to look after her. There is no chance of any improvement at any later stage in her life. As a result of the accident, the child is now an idiot and is further handicapped by the paralysis of her hand and the deformity of her foot both caused by the injury to her brain. Special damages agreed: RM200. General damages: RM60,000.

Digest :

Yatina bte Othman & Anor v Lumi bin Puteh [1970] 1 MLJ xv High Court, Malacca (Gill J).

942 Quantum -- Head injury

6 [942] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of right parietal bone – With resultant severe brain injury

Summary :

Case name: Zamri bin Omar v Idris bin Mohamed Nor Suit no: [1989] 2 CLJ 267 High Court, Ipoh Coram: Abdul Malek J Date of hearing: 18 January 1989 Date of accident: 11 December 1984 Earnings: RM400 pm Brief description of injuries: (a) Comminuted depressed fracture of right parietal bone (b) Right parieto-occipital haematoma with dural tear Disabilities: (a) Lost left half of vision in each year - permanent disability (b) Suffers from seizures - needs life long medication (c) Needs to live under a protected environment Liability: Defendant 80% liable; plaintiff 20% liable Award (on 100% basis): (1) General damages - pain and suffering and loss RM 70,000 of amenities - loss of future earnings based RM 57,600 on multipler of 16 (for balance period of multiplier of 12) - Nursing care RM 29,100 (RM150 pm agreed for 50 months' pretrial = RM7,500 and for balance period of multiplier of 12 = RM21,600) (2) Special damages RM 20,548 Interest: - 8% pa on general damages from date of service of writ to date of judgment. - 4% pa on special damages from date of accident to date of judgment. Authorities cited: Goh Beng Seng v Dol bin Dolah [1970] 2 MLJ 95; Yang Salbiah & Anor v Jamil bin Harun [1981] 1 MLJ 292; Lim Eng Kay v Jaafar bin Mohamed Said [1981] 2 MLJ 156; Liong Thoo v Sawiyah & Ors [1982] 2 MLJ 286; Tham Yew Heng & Anor v Ooi Eng Teong [1987] 1 MLJ 198; Kow Ah Dek & Anor v K Ratnasingam [1981] 2 MLJ 24; Pattan v Periasamy Vellan [1987] 2 MLJ xviii; Udhayakumar s/o Vadivelu v Chin Kon Tai [1985] 1 CLJ 390; Lee Boon Kiat v Ng Sing [1982] 1 MLJ 229.

Digest :

Zamri bin Omar v Idris bin Mohamed Nor [1989] 2 CLJ 267 High Court, Ipoh Hifh Court, Ipoh (Abdul Malek J).

943 Quantum -- Head injury

6 [943] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Brain injury – Tendency to epileptic seizures

Summary :

Case name: Tan Ah Lay v Robin Shipbuilders Suit no: DC Suit No 6592 of 1986 Coram: Edward Pereira, District Judge Date of hearing: 26 January 1988 Dateof accident: 15 June 1984 Age of plaintiff: 37 years old at date of accident Occupation: Machine operator Brief description of injuries: (a) 10 cm laceration over forehead with depressed skull fracture beneath laceration (b) Severe focal brain injury with tendency to epileptic seizures (c) Giddiness and poor memory Award: (1) General damages - pain and suffering RM 15,000 - future loss (based on six RM 15,840 yrs' loss at RM200 pm) (2) Special damages (agreed) RM 2,118

Digest :

Tan Ah Lay v Robin Shipbuilders DC Suit No 6592 of 1986 Edward Pereira, District Judge

944 Quantum -- Head injury

6 [944] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Ear becoming deaf – Post traumatic dementia with personality change

Summary :

Girl aged 16, working as maidservant earning S$90 per month. Her left ear was completely deaf due to a middle cranial fracture of the skull. She had a temporary partial left facial paralysis which recovered and was unconscious on admission to the General Hospital. She now suffers permanently from a post-traumatic dementia of moderate severity and has severe memory impairment, severe forgetfulness and difficulty acquiring simple skills and knowledge. Retardation in thought and movements is also noted. There is also change of personality. She is more irritable and aggressive than before. She also complains of headaches and giddiness. Some chest discomfort, palpitation, breathlessness on exertion and some abdominal pains are also experienced. She will have to be looked after for the rest of her life, although she may be able to do simple household duties under supervision. Total General damages: S$54,200 (S$35,000 for her mental state; S$8,000 for the deafness of the left ear; S$11,200 for future loss of earnings). Special damages: S$4,150.

Digest :

Wan Tang Leng & Anor v Lim Kim Kow [1967] 1 MLJ lxi High Court, Singapore (Ambrose J).

945 Quantum -- Head injury

6 [945] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Intracranial haematoma – Abrasions – Memory loss – Speech and other disabilities

Summary :

Case name: Lim Bok Eng v Tan Soon Huat Suit no: DC Suit No 3323 of 1987 Coram: Quay Chew Soon, Assistant Registrar Date of hearing: 18 October 1988 Date of accident: 24 April 1985 Occupation: General cleaner Earnings: S$1,077.25 pm Brief description of injuries: (a) Fracture of left temporal skull with temporal extradural (intracranial) haematoma (b) Abrasion on left forehead (c) Abrasion on temporal scalp (d) Abrasion on left face (e) Abrasion on left lower chest wall (f) Spontaneous movement of all four limbs occurring without external cause Disabilities: (a) Memory loss (b) Speech and writing disabilities (c) Emotional instability (d) Occasional headaches and giddiness Award: (1) General damages S$ 40,000 (2) Special damages S$ 10,281.12 Authorities cited: Chong Yin Khoon v Lee Joo Kam & Anor [1987] 2 MLJ xix; Ng Fa v Kamarul Bahrin & Ors [1984] 1 MLJ lxx; Ibrahim bin Mat Yatim & Anor v Gan Juk Tiau [1985] 2 MLJ cxlviii; Lim Phuay Siang v Cheong Yuen Lin [1979] 1 MLJ xxxviii; Neo Soh Moy v Hytex Ltd [1977] 1 MLJ lxxix; Chiang Kian Ngin & Ors v Low Thye Hong & Ors [1981] 2 MLJ clxxxii; Hang Jong Juan v Tanm Yeo Soon [1986] 2 MLJ 5; Mohd Pubillah bin Omar v Lakhbir Singh a/l Jagdar Singh [1988] 1 MLJ xxxiii; Abdullah bin Muhammad v Lakhbir Singh a/l Jagdar Singh [1988] 1 MLJ xxxiii; Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv; Chhe Geok Yong & Anor v Ong Boo Ngee [1988] 2 MLJ xxxvi; Ngooi Ku Siong & Anor v Aidi Abdullah [1985] 1 MLJ 30.

Digest :

Lim Bok Eng v Tan Soon Huat DC Suit No 3323 of 1987 Quay Chew Soon, Assistant Registrar

946 Quantum -- Head injury

6 [946] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Laceration on forehead

Summary :

The deceased's daughter was seven years old on the day of the accident. She suffered fracture of the tibia and fibula and fracture of the skull. There was a 10 cm long laceration over the forehead. The court awarded her S$12,000 for general damages and interest on that sum at 8% from the date of the service of the writ.

Digest :

Rafiah bte Daud and Anor v Shukor bin Dasuri and Anor [1985] 2 MLJ cxlvii High Court, Singapore (Shankar J).

947 Quantum -- Head injury

6 [947] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Severe contusion of left frontal lobe of brain – Resultant loss of sense of smell and symptoms of dizziness

Summary :

The plaintiff, a 42-year-old housewife was involved in a motor-vehicle accident. She sustained the following injuries: (a) fracture of occipital bone; (b) severe contusion of the left frontal lobe of her brain; (c) total loss of sense of smell due to the head injury. In addition, she complained that she had a feeling of 'black out' several times a month. Symptoms of dizziness were also diagnosed. The Assistant Registrar made the following awards; General damages: S$16,000 for loss of smell; S$6,000 for fracture of occipital bone and S$4,000 for contusion of brain. Special damages: S$275. Interest was granted at 6% from 13 May 1985 (date of appearance) to 16 April 1987.

Digest :

Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv High Court, Singapore (Chan Hian Young, Assistant Registrar).

948 Quantum -- Head injury

6 [948] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull – Subdural and extractural haematoma – Laceration of scalp

Summary :

Case name: Chia Ngon Lin & Anor v Ler Boon Seng Suit no: High Court Suit No 1902 of 1988 Coram: Tay Yong Kwang, Deputy Registrar Date of hearing: 20 June 1989 Date of accident: 11 December 1986 Age of plaintiff: 57 years old at date of accident; 60 years old at date of judgment Occupation: Domestic help/factory worker Earnings: S$500 per month Brief description of injuries: (a) Fractures of the left temporal and occipital bones (b) Left parietal (acute) subdural haematoma (c) Right parieto occipital extradural haematoma (d) Laceration of right parietal scalp There were two depressed craniotomy wounds found on her scalp 9cm ' 7cm and 9cm ' 6cm respectively. Disabilities: (a) Constant headaches and giddiness (b) Dysphasia (c) Mental and personality changes with impairment of memory; declared to be of unsound mind on 25 September 1988. (d) Mild right hemiparesis resulting in an unsteady gait (e) Mild weakness of her right face (f) Unable to work; needs domestic help to look after her but not professional nursing care Award: (1) General damages - pain and suffering and loss S$ 70,000 of amenities - loss of future earnings at S$ 30,000 S$500 per month for five years - future medical expenses at S$ 8,400 S$100 per month for seven years - future transport expenses at S$ 840 S$10 per month for seven years - future cost of nursing care S$ 42,000 at S$500 per month for seven years (2) Special damages - (agreed) S$ 6,448.75 - transport expenses for S$ 1,500 family - pre-trial costs of nursing care S$ 11,000 nursing care - pre-trial loss of earnings for S$ 15,000 30 months at S$500 per month Interest: 6% pa on general damages for pain and suffering and loss of amenities from date of interlocutory judgment to date of final judgment and 3% pa on special damages from date of writ to date of final judgment. Authorities cited: Liong Thoo v Sawiyah & Ors [1982] 1 MLJ 286; Kow Ah Dek v K Ratnasingham [1981] 2 MLJ 24; Abdullah bin Mat Noor v Husin bin Saat & Anor [1988] 2 MLJ xxviii; Lai Wee Lian v SBS (1978) Pte Ltd [1984] 1 MLJ 325; Teo Tio Khiang & Anor v Ooi Eng Teong [1987] 1 MLJ 199; Tay Ah Kow v Chua Hee Teng [1985] 2 MLJ cxlvii; Lai Chi Kay v Lee Kuo Shin [1981] 2 MLJ 167; Ang Eng Lee v Kim Lai Soon [1987] 2 MLJ 545; Donnelly v Joyce [1973] 3 All ER 475; Harry Seah Hong Meng v Tan Siow Cher [1984] 2 MLJ xxix; Bolton v Essex Area Health Authority The Times, 8 November 1979; Au Kee Tuang v Lightweight Concrete Pte Ltd [1984] 2 MLJ xxix; Chong Sai Yong v Official Administrator [1984] 1 MLJ 185; Yaacob bin Mohd v Sin Tat Rental Services [1983] 2 MLJ 283; John Arthur Harper v Lim Ah Naw [1982] 2 MLJ xlviii.

Digest :

Chia Ngon Lin & Anor v Ler Boon Seng Suit No 1902 of 1988 High Court, Singapore (Tay Yong Kwang, Deputy Registrar).

Annotation :

[Annotation: On appeal to the judge-in-chambers, Chan Sek Keong J in a decision delivered on 12 April 1990 varied the award as follows: (1) General damages [-] pain and suffering and loss S$ 45,000 of amenities [-] loss of future earnings at S$ 12,000 S$500 per month for two years [-] future medical expenses at S$ 6,000 S$100 per month for five years [-] future transport expenses at S$ 600 S$10 per month for five years [-] future nursing care at S$500 S$ 30,000 per month for five years (2) Special damages [-] as awarded at first instance except award for transport expenses of family members which was disallowed. ]

949 Quantum -- Head injury

6 [949] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Fracture of skull and parietal bone – Brain damage – Permanent severe neurological disabilities

Digest :

Tan Cheong Poh & Anor v Teoh Ah Keow [1995] 3 MLJ 89 Court of Appeal, Kuala Lumpur (VC George, Abu Mansor JJCA and KC Vohrah J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 421.

950 Quantum -- Head injury

6 [950] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Haematoma (5 cm) on the occipital – Occipital headache, temporary

Summary :

The plaintiff was a schoolgirl aged 18 years at the time of accident on 11 May 1972. She lost consciousness. There was a 5 cm haematoma on the occipital. She was observed for head injury. She continued to complain of occipital headaches and continued to be irritable. The neurosurgeon diagnosed her occipital headache. The plaintiff gave evidence and said that she no longer had any headaches. There was no neurological deficit. General Damages S$1,200. Special Damages S$74.60.

Digest :

Ling Sok Eng v Teo Poey Koon [1975] 2 MLJ iii District Court, Singapore (Dalip Singh DJ).

951 Quantum -- Head injury

6 [951] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Haematoma of right parietal region – Cerebral concussion – Retardation in the cerebration; dull and slow in thinking

Digest :

Chan Kau Tong v Ngoh Yong Sin [1965] 2 MLJ xxvi High Court, Singapore (Winslow J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 1395.

952 Quantum -- Head injury

6 [952] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Haematoma on left frontal region and right infra orbital region – Lacerations over left parietal region – Resultant amnesia, residual spasticity and deformity upper and lower limbs

Summary :

As a result of a motor accident, the first plaintiff suffered the following injuries, viz: (1) haematoma on left frontal region and also on right infra orbital region; (2) superficial lacerations over the left parietal region and 1 cm laceration over the left forearm and left elbow (2 cm); (3) laceration, 3 cm in size over the second metacarpal bone. It was found that as a result of these injuries, the first plaintiff suffered from amnesia and cerebral laceration which have left him with residual spasticity and deformity of the upper and lower limbs. These deformities are permanent and have incapacitated the first plaintiff for any occupation. The first plaintiff is 56 years old and was working as a rubber tapper prior to the accident. The court assessed his total monthly income at RM250. He was awarded RM45,000 for pain and suffering and loss of amenities, RM9,000 for pre-trial loss of earnings (being RM250 per month x 36 months), RM12,000 for future loss of earnings (being RM250 per month x 48 months), RM8,400 for nursing care (being RM100 per month x seven years) and RM500 for transport expenses and a bicycle. The second plaintiff was awarded RM500 for general damages and RM200 for special damages to cover the damages to his bicycle and also his loss of earnings during the period of total temporary disability. Interest was to run at 6% per annum on the general damages for loss of amenities and pain and suffering from the date of service of the writ up to the date of judgment and at 4% per annum for the special damages from the date of the accident to the date of judgment. Liability for both plaintiffs was assessed at 10%. The plaintiffs were accordingly allowed 90% of the sums awarded.

Digest :

Tay Ah Kow & Anor v Chua Hee Teng & Anor [1985] 2 MLJ cxlviii High Court, Muar (Shankar J).

953 Quantum -- Head injury

6 [953] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Haematoma over lateral canthus right eye, with laceration – Ecchymosis of right eye – Resultant memory impairment, suggesting dysfunction to brain stem and his recticular system with alternate consciousness and subsequent sleep difficulties

Summary :

The plaintiff, aged 48, was a Junior Technician, Special Grade with the Water Department in Penang. As a result of a motor accident caused by the negligence of the first defendant, the plaintiff sustained serious personal injuries: (1) haematoma over lateral canthus right eye with laceration on it; (2) ecchymosis of right eye (conjunctiva and cornea were clear); (3) swelling right shoulder. He was gravely ill and was comatose for more than one month. He was also found to have stiffness of the right arm and right leg. The medical report stated that he was given to rather slurred speech and memory impairment, suggesting some dysfunction to his brain stem and his reticular activating system with alternate consciousness and subsequent sleep difficulties. These injuries were in all likelihood to remain permanent. The plaintiff was awarded general damages as follows: (a) pain and suffering and loss of amenitiesÊRM80,000; (b) pre-retirement loss of future earningsÊRM50,457.17; (c) post-retirement loss of future earningsÊRM25,976.87. Special damages was assessed as follows: (a) loss of ten months' overtime allowancesÊRM1,070; (b) transport to and from hospital inclusive of visits by familyÊRM624; (c) loss of wages at the rate of RM977 per month from July to date of trial less income tax at the agreed rate of 5%ÊRM31,557; (d) partial loss of gratuityÊRM4,872. The total sum of RM194,557.04 was rounded off at RM194,500. Interest awarded was assessed at 3% pa on special damages from date of accident to date of trial and at 6% on general damages for pain suffering and loss of amenities from date of service of writ.

Digest :

Chong Ying Khoon v Lee Joo Nam & Anor [1986] 2 MLJ cclv High Court, Penang (Edgar Joseph Jr J).

954 Quantum -- Head injury

6 [954] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Lacerated wound behind left ear, causing cerebral concussion – Resultant giddiness, weak concentration power, behaviour slow and listless

Summary :

Schoolgirl, aged 10 at the time of the accident. Lacerated wound behind the left ear which was stitched but causing cerebral concussion. Accident in December 1961 followed by a brief period of loss of consciousness. Following the head injury, attacks of giddiness and headache, difficulty in concentration. Her school work which had been good, she being fourth out of a class of 13 the year before the accident, deteriorated and coming last in the class the year after the accident. Behaviour changed, being slow and listless, she was taken away from school because she was moody, irritable and lacked concentration powers. She examined by psychiatrist on the eve of the trial, September 1965, nearly four years after the accident. She was said to be much improved, her attention and concentration being good, a little retarded but relevant and rational. The drop in the scholastic performance due to her headache and giddiness and difficulties in concentration were now much better and could be expected to be absolutely normal by the end of the year. General damages: S$3,500.

Digest :

Noredah bte Dahlan v Changi Bus Co Ltd [1965] 2 MLJ xxvi High Court, Singapore (Buttrose J).

955 Quantum -- Head injury

6 [955] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Laceration of occipital region

Summary :

This appeal is against quantum only. There has been admission of liability at 100%. The plaintiff was a part-time teacher earning RM160 a month; she also gave tuition to three pupils at RM20 a month. She received the following injuries: (1) 2 x [1/4] inch lacerated wound on the occipital region. (2) abrasions and scratch marks on both popliteal region and back of both elbow joint and on lumbar spine. General Damages: RM3,500 for pain and suffering. Special Damages: RM280 being RM250 for transport to hospital and RM30 for other incidental expenses.

Digest :

Tay Peck Low v Lim Ngo [1986] 1 MLJ xci High Court, Raub (Abdul Razak J).

956 Quantum -- Head injury

6 [956] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Post-traumatic amnesia – Intelligence affected

Summary :

The plaintiff was knocked down by the defendant's motorcar on 3 March 1981 as a result of which he suffered severe head injury, compound fracture of the right tibia and fibula and multiple abrasions. The plaintiff was unconscious for about three weeks after the accident, and two years later, he was still unable to read well and had a poor memory. On examination, he was found to have post-traumatic amnesia and his level of intelligence was below normal. The plaintiff was found to be 10% liable and the defendant 90% liable for the accident. The plaintiff was 19 years old at the date of the trial. His previous employment was of a temporary nature and the court assessed his future loss at RM250 per month. Special damages were agreed at RM766. General damages totalling RM117,145 were awarded as follows: severe head injuryÊRM40,000; compound fracture of the tibia and fibula (2 cm shortening with 4 cm x 3 cm oval scar on medial aspect of left leg)ÊRM18,000; multiple abrasionsÊRM1,200; future loss of earningsÊRM41,395; future nursing careÊRM16,550. Interest was also awarded at 3% on special damages from date of accident to the date of judgment and 6% on general damages (excepting future losses) from the date of service of writ to the date of judgment.

Digest :

Ibrahim bin Adam v Abdul Ghani bin Ngah [1987] 2 MLJ xix High Court, Kota Bharu (Abdul Malek J).

957 Quantum -- Head injury

6 [957] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Scalp haematoma, intracranial blood clot

Summary :

Case Name: Chia Ai Hua v Kuek Kian Tiong & Anor Suit No: DC Suit No 6233 of 1987 Coram: Francis Remedios, District Judge Date of judgment: 16 February 1989 Date of accident: 19 March 1986 Age of plaintiff: 21 years old Occupation: Secretary Brief description of injuries: (a) drowsiness on admission due to head injury (b) 5cm diameter occipital scalp haematoma (c) left pupil was slightly bigger than the right pupil (d) a special computerised brain scan showed a thin left frontal subdural haematoma (intracranial blood clot) Disabilities: Complete loss of sense of smell is permanent. There is occasional headache and giddiness and a five percent chance of possibility of epilepsy in later life. Award: (1) General damages - head injury with residuals S$ 9,000 - permanent loss of sense S$ 16,000 of smell - Total S$ 25,000 (2) Special damages S$ 1,983 Interest: 6% pa on award from date of defence to date of judgment. Authorities cited: Teo Ah Ley v Tan Kim Hock [1988] 1 MLJ xxxiv; Goh Chin Tee v Lau Chun Leung [1985] 2 MLJ cxcii; Hang Jong Juan v Tan Yeo Soon [1986] 2 MLJ 5; Tominam bte Tukimin v Toh Kai Chup [1985] 2 MLJ 345; Tan Ah Lay v Robin Shipbuilders 1989 BLD [Jan] 87; Lee Hock Leong v Chua Leng Hock [1988] 2 MLJ xlix; Hawkins v New Mendip Engineering [1966] 3 All ER 228; Tham Yew Heng v Chong Toh Cheng [1985] 1 MLJ 408; Kow Ah Dek v Ratnasingam [1981] 2 MLJ 24.

Digest :

Chia Ai Hua v Kuek Kian Tiong & Anor DC Suit No 6233 of 1987 Francis Remedios, District Judge

958 Quantum -- Head injury

6 [958] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Serious injury of – Severe disabilities – Plaintiff unable to hold even simple jobs

Summary :

Case name: Tan Joon Heng v Thiam Boon Kiap & Anor Suit no: High Court Suit No 162 of 1980 Coram: LP Thean J Date of hearing: 1 September 1987 Date of accident: 10 September 1977 Age of plaintiff: 19 years old at date of accident Brief description of injuries: (a) Serious head injury with fractured left parietal and temporal bones extending into the left middle cranial fossa (b) Massive scalp and facial haematoma with right hemiplegia (c) plaintiff developed fits and therefore required treatment with anti-convulsant medication. Treatment notwithstanding, plaintiff would still be prone to fits, eg when he is under stress or after a period of activity or excitement. Anti-convulsant therapy is necessary for the rest of his life. (d) plaintiff also developed hydrocephalus (ie obstruction of the circulation of brain water causing a distension of brain cavities and high intra-cranial pressure) which had to be relieved using a ventriculoperitoneal shunt (ie a tube with a valve that is inserted into the abdomen while the other end is inserted into the brain cavity) to relieve fluid build-up. The shunt may be blocked from time to time, in which case the blocked shunt will have to be removed and replaced by another one. Each successive shunt operation becomes less successful and more dangerous and difficult because of possible infection. Shunt treatment is necessary for the rest of his life. Disabilities: (a) Power of concentration and intelligence affected (b) Inability to cope even with simple jobs (c) Life expectancy not predictable as shunt may be blocked at either end at any time Award: (1) General damages - pain and suffering and loss S$ 100,000 of amenities - loss of expectation of life S$ 7,000 - loss of future earnings (at S$ 126,000 S$700 a month for 15 years) - future medical expenses S$ 15,000 - future domestic help S$ 36,000 - loss of employer's CPF S$ 13,500 contribution (at S$75 a month for 15 years) (2) Special damages S$ 36,093.50 Interest: (1) 3% pa on special damages from 5 September 1980 to 16 July 1986 (2) 6% pa on amount for pain, suffering, loss of amenities and loss of expectation of life, from 5 September 1980 to 16 July 1986. Authorities cited: Lai Wee Lian v SBS (1978) Ltd [1984] 1 MLJ 325; Chan Kam Lan v Ong Lean Kee [1979] 1 MLJ xxxviii; Ng Fa v Kamarul Bahrin & Ors [1984] 1 MLJ Ixx; Sinnapan Selvam v Koh Thow [1984] 2 MLJ xxviii; Ibrahim bin Mat Yatim v Gan Jiuk Tiau [1985] 2 MLJ cxlviii; Tanggarasu & Anor v Stephen Goh & Anor [1971] 1 MLJ xxx; Poh Sum Hong v Lim Peng Chia [1979] 1 MLJ xxxviii; Low Hork Guan v William Drylie Gray [1968] 2 MLJ xxii; Au Kee Tuang v Lightweight Concrete Pte Ltd [1984] 2 MLJ xxix.

Digest :

Tan Joon Heng v Thiam Boon Kiap & Anor High Court Suit No 162 of 1980 High Court, Singapore (LP Thean J).

959 Quantum -- Head injury

6 [959] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Severe cerebral concussion – Laceration wound on right side of forehead – Resultant poor eyesight and memory

Summary :

The plaintiffs sued the defendants for injuries sustained by them as a result of a motor accident involving the plaintiffs and a motor car driven by the first defendant and owned by the second defendant. The first plaintiff suffered the following injuries: (1) severe head injury (cerebral concussion); (2) lacerated wound on the right side of the forehead measuring 3 x [1/2]x [1/2] inches; (3) lacerated wound on the chin measuring 1 x [1/4] x [1/4] inches. The first plaintiff had a vision of 6/24 for the right eye and 6/18 for the left eye. The pupils were slightly bigger and acting sluggishly (direct and consensual). Whereas the normal eye could see all round, the right eye of the plaintiff could see to the extent of looking through a small pipe. As regards the left eye, she could not see the left side, but could partially see the right side. The first plaintiff had to abandon school because of her poor eyesight and memory. The first plaintiff was awarded RM16,000 as general damages and RM117.50 as special damages.

Digest :

Norma bte Semawi & Anor v Zaini bin Jaafar & Anor [1984] 1 MLJ lxx High Court, Miri (Tan Chiaw Thong J).

960 Quantum -- Head injury

6 [960] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Head injury – Severe injury

Summary :

Case name: Tee Ah Chai v Wong Chee Choon Suit no: Civil Suit No P25-303/86 (High Court, Kuala Lumpur) Coram: Lim Beng Choon J Date of hearing: 24 May 1989 Date of accident: 19 September 1983 Nature of: Collision between motor cycles accident: ridden by plaintiff and defendant Occupation of: Lorry driver plaintiff: Earnings: RM500 per month Brief description of injuries: (a) Severe head injury (b) Lost consciousness after falling from motor cycle Disabilities: Unable to work for some time - underwent anti-convulsion therapy Liability: Defendant was 100% liable. Award: (1) General damages - pain and suffering and loss RM 25,000 of amenities (2) Special damages - agreed RM 120 - loss of pre-trial earnings RM 3,000 Interest: 3% pa on special damages from date of accident to date of trial and 6% pa on general damages from date of service of writ to date of judgment. Authorities cited: Ratnasingam v Kow Ah Dek [1983] 2 MLJ 297; Kow Ah Dek v Ratnasingam [1981] 2 MLJ 24; Chong Ying Khoon v Lee Joo Nam & Anor [1986] 2 MLJ cciv; Murtadza bin Mohamed Hassan v Chong Swee Pian [1980] 1 MLJ 216; Moeliker v Reyrolle & Co Ltd [1977] 1 All ER 9; Tan Lin Siew & Anor v Syed Hussein [1987] 2 MLJ 53.

Digest :

Tee Ah Chai v Wong Chee Choon Civil Suit No P25-303/86 High Court, Kuala Lumpur (Lim Beng Choon J).

961 Quantum -- Hip injury

6 [961] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Dislocation – Fracture of inferior pubic ramus – Osteoarthritis

Summary :

Case name: Subbiah Mani v Lim Soo Boon & Anor Suit no: DC Suit No 7467 of 1987 (District Court, Singapore) Coram: Alfonso Ang, District Judge Date of hearing: 6 November 1990 Date of accident: 18 September 1985 Age of plaintiff: 32 years old on date of hearing Occupation: Farmer before date of accident Brief description of injuries: (a) Fracture of right acetabulum resulting in hip dislocation (b) Mild diastysis of pubic symphysis (c) Fracture of left inferior pubic ramus (d) Osteoarthritis Liability: Plaintiff 50% liable, defendant 50% liable. Award (on 100% basis): (1) General damages - fracture of right acetabulum S$ 8,000 - mild diastysis of pubic symphysis S$ 3,000 - fracture of left inferior pubic S$ 5,000 ramus - osteoarthritis S$ 3,000 - loss of earning capacity S$ 10,000 (2) Special damages - past loss of earnings at $6 a day S$ 2,160 ' 30 ' 12 months Interest: 6% pa on general damages (except future loss) and special damages from date of issue of writ to 16 January 1990 (when the case was previously fixed for hearing and the plaintiff could not be contacted). Authorities cited: Ong Chok v Fong Chong Fat (Suit 3497 of 1979) (unreported); John Arthur Harper v Lim Ah Nau [1982] 2 MLJ xlviii; Sharifah Asiah v Abdul Rahman bin Long [1984] 1 MLJ 181; Lau Hua Kwang v Heng Yoo Bak (Suit 1027 of 1988) (unreported); Dr S Underwood v Ong Ah Long [1986] 2 MLJ 246; Moeliker v Reyrolle [1977] 1 All ER 9; Toh Kee Aing v Ramu s/o Gurusamy 1990 BLD [Apr] 331; Ho Kiat v Ngo Siong Hong [1986] 1 MLJ xcii; Lee Soon Beng v Wee Tiam Sing [1986] 2 MLJ 340; Kanagasabarathy v Narsingam [1979] 2 MLJ 68; Teh Hwa Seong v Chop Lim Chin Moh [1981] 2 MLJ 341.

Digest :

Subbiah Mani v Lim Soo Boon & Anor DC Suit No 7467 of 1987 District Court, Singapore (Alfonso Ang, District Judge).

Annotation :

[Annotation: The plaintiff had a second accident in India about three months after he was discharged from hospital in Singapore and had returned to India. As a result of the second accident, his right leg was amputated above the knee.]

962 Quantum -- Hip injury

6 [962] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Dislocation of left hip – Restriction of movement – Lacerations – Scars

Summary :

Case name: Poh Chee Shin v Yap Chin Hock Suit no: DC Suit No 440 of 1989 (District Court, Singapore) Coram: Tan Siong Thye, Deputy Registrar Date of hearing: 18 June 1991 Date of accident: 7 April 1988 Age of plaintiff: 20 years old at time of accident Occupation: National serviceman Brief description of injuries: (a) Posterior dislocation of the left hip (b) Multiple superficial lacerations which healed leaving visible scars Disabilities: (a) 2cm wasting of the left thigh muscles (b) Movement of the left hip was restricted by pain as follows: (i) flexion 0ก to 40ก (160ก on the right side); (ii) internal rotation 0ก to 15ก (45ก on the right side); (iii) external rotation 0ก to 60ก (90ก on the right side); and (iv) abduction 0ก to 30ก (80ก on the right side) (c) 2cm scar over the radius side of the right wrist (d) 3cm linear scar on the left forearm (e) 4cm scar over the left knee Award: (1) General damages - dislocation of left hip S$ 8,000 - scarring S$ 1,000 (2) Special damages S$ 2,680.62 Interest: 6% pa from date of writ of summons to judgment. Authorities cited: Ho Kiat v Ngo Siong Hock [1986] 1 MLJ xcii; Lee Chon Huat v Chuah Teong Kok [1988] 1 MLJ xxxix; Chee Kok Peng v Estate of Leow Poh Hwa 1989 BLD [Nov] 1538; Chua Teck Lah v Chua Seow Cher [1988] 1 MLJ xxxvi; Ang Kar Wee v Singapore Bus Service Ltd 1990 BLD [Jan] 37; Lau Hsi Yu v Singapore Bus Service Ltd 1990 BLD [Aug] 820.

Digest :

Poh Chee Shin v Yap Chin Hock DC Suit No 440 of 1989 District Court, Singapore (Tan Siong Thye, Deputy Registrar).

963 Quantum -- Hip injury

6 [963] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Fracture and dislocation of left hip joint – Shortening of left leg by 2 [1/2] inches

Summary :

Male, school teacher aged 30, earning S$422.50 per month. Fracture and dislocation of left hip joint. Hospitalized for nearly three months. 2 [1/2] inch shortening of leg with limitation of knee movement. Special damages: S$1,078.75. General damages: S$22,000.

Digest :

Varghese v The Singapore Traction Co Ltd & Anor [1964] MLJ lix High Court, Singapore (Ambrose J).

964 Quantum -- Hip injury

6 [964] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Fracture of pelvis – Fracture involving floor of acetabulum of left hip joint – Shortening of left leg by 2 cm

Summary :

The plaintiff was a plant operator with the Singapore Sports Council, and earned S$278 per month. As a result of the injuries sustained in an accident, he was unable to resume his former work as a plant operator. Instead, he was given a lighter job as a changing room attendant earning S$245 per month. But for the injuries sustained in the accident, the plaintiff had a good chance to be a lifeguard since he had passed secondary two, and was awarded a Bronze Medallion Certificate by the Royal Life Saving Society. A lifeguard's earnings would be between S$530 and S$735 per month. He suffered multiple perforation of the small bowel, fracture of the pelvis, comminuted fracture involving the floor of the acetabulum of the left hip joint. His urine was bloodstained due to contusion of the bladder and required drainage via a catheter. He also sustained fractures of the transverse processes of the first and fourth lumbar vertebrae on the left side and multiple superficial abrasions of the right arm, lower back and haematoma with bruising of his sacrum. There was a 2 cm of shortening of the left lower limb and he walked with a marked limp. The plaintiff was likely to develop osteoarthritis of the left hip joint. General damages: S$60,000 (S$30,000 for pain and suffering and S$30,000 for loss of future earnings). Special damages: S$500.

Digest :

Salleh bin Man v The Attorney-General [1979] 1 MLJ xxxix High Court, Singapore (Low Wee Ping, Assistant Registrar).

965 Quantum -- Hip injury

6 [965] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Fracture of rib and clavicle –

Summary :

The appellants had succeeded in proving that the respondent was 50% liable for the collision. The medical reports showed that the respondent had suffered a serious hip injury accompanied by progressively severe osteoarthritis. The respondent would have difficulty running, squatting and climbing steep stairs. It would eventually require a total hip replacement. However, there was no evidence that the hip injury would cause the respondent to walk with any noticeable unstable gait. General damages: S$69,000 (S$10,000 for fracture of clavicle with slight deformity, S$15,000 for fracture of eight ribs with pneumothorax, S$4,000 for lacerations of chest and left leg, S$20,000 for fracture of acetabulum and S$20,000 for cost of hip replacement operation). Special damages: S$2,380. Therefore, the sum total was 50% of S$71,380, ie S$35,690.

Digest :

Choo Eng Song & Anor v Ratan Singh s/o Garcharan Singh District Court Appeal No 109 of 1994 High Court, Singapore (Lai Siu Chiu J).

966 Quantum -- Hip injury

6 [966] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Hip injury – Fracture of the neck of the left femur – Shortening of left leg by 2 inches

Summary :

The plaintiff, a stout woman aged 58 employed as a dish-washer at S$100 per month sustained a trans trochanteric fracture of the neck of the left femur. As a result, she was hospitalized for about 20 days followed by regular treatment as an outpatient in the Orthopaedic Outpatient Clinic. The specialist examination made out the following points: (1) a pin and plate in left femur were put; (2) the pin does not enter head of neck of femur and serves no useful purpose; (3) limitation of all movements of left hip; (4) 2 inch shortening of left leg; (5) considerable deformity in outward angulation; (6) disabilities permanent; (7) osteo-arthritic changes more on left than right side and (8) further operation needed which if 100% successful, would still leave one inch shortening of left leg. General damages: S$10,000. Special damages: S$960.

Digest :

Lay Ah Ling v Sim Kwang Hoon [1968] 2 MLJ xlvii High Court, Singapore (Choor Singh J).

967 Quantum -- Illegal foreign worker

6 [967] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Illegal foreign worker – Whether damages may be awarded on the basis of Singapore earnings – Circumstances in which such awards can be made

Digest :

Ling Kee Ling & Anor v Leow Leng Siong & Ors [1995] 2 SLR 189 High Court, Singapore (Kan Ting Chiu J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 303.

968 Quantum -- Leg injury

6 [968] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – 3cm shortening of left leg

Summary :

Case name: Juminah bte Tongkon & Anor v Yim Kam Cheng & Anor Suit no: Civil Suit No 178 of 1984 Coram: Abu Mansor J Date of hearing: 2 April 1991 Date of accident: 18 November 1979 Nature of accident: Collision between motor cycle ridden by P2 with P1 as pillion rider and oncoming car driven by D Age of first plaintiff: 30 years old at time of accident Occupation of first plaintiff: Domestic helper Earnings of first plaintiff: RM160 per month Brief description of injuries: First plaintiff (a) Fracture of left femur (b) Fracture of left tibia Second plaintiff (a) Broken leg Disability: First plaintiff (a) 3cm shortening of left leg Liability: Defendants 100% liable to first plaintiff; defendants 30% liable to second plaintiff. Award (on 100% basis): First plaintiff (1) General damages - pain and suffering RM 40,000 - post-trial loss of future earnings RM 19,200 (RM160 ' 10 (multiplier) ' 12) (2) Special damages - pre-trial loss of earnings RM 21,600 (RM160 ' 11 years ' 12) Authority cited: Er Siew Keng v Eng Thiang Lai [1990] 1 CLJ 488.

Digest :

Juminah bte Tongkon & Anor v Yim Kam Cheng & Anor Civil Suit No 178 of 1984 Abu Mansor J

Annotation :

[Annotation: Except as decided above, other heads of damages were agreed among the parties. This judgment was delivered in Bahasa Malaysia.]

969 Quantum -- Leg injury

6 [969] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Abrasion over knee – Haematoma over mid-shin – Swelling and tenderness

Summary :

Case name: Chua Peng Hin v Soh Kim In Suit no: MC Suit No 9129 of 1990 (Magistrate's Court, Singapore) Coram: Ch'ng Lye Beng, Assistant Registrar Date of hearing: 28 June 1991 Date of accident: 22 April 1990 Nature of accident: Road traffic accident Brief description of injuries: First plaintiff (a) 5cm diameter abrasion over the left knee (b) 3cm diameter haematoma over the left mid-shin Second plaintiff (a) Slight bruise and swelling at lower shaft right shin (b) Slight swelling and tenderness at head of first right metatarsal (c) Slight bruise at right forearm anteriorly Award: First plaintiff (1) General damages S$ 750 (2) Special damages (agreed) S$ 447 Second plaintiff (1) General damages S$ 800 (2) Special damages (agreed) S$ 133 Authorities cited: Tong Nyok Yen v Loi Bun Kai [1989] BLD Yearbook 713; Ng Chen Wee v Sim Mong Seng [1989] BLD Yearbook 686; Swee Yong Huat & Anor v Pang Khee Tin & Anor [1989] BLD Yearbook 692; Tiang Cheong Fu v Tan Meng Yoke 1991 MMD [Jun] 651.

Digest :

Chua Peng Hin v Soh Kim In MC Suit No 9129 of 1990 Magistrate's Court, Singapore (Ch'ng Lye Beng, Assistant Registrar).

970 Quantum -- Leg injury

6 [970] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Amputation below left knee – Fitted with artificial limb

Summary :

Case name: Ng Kat Seng v Selvaraju Suit no: Civil Suit No 960A-85 (High Court, Ipoh) Coram: Abdul Malek J Date of hearing: 8 January 1990 Age of plaintiff: 2 years old at time of accident Occupation: Fisherman Earnings: RM800 per month Brief description of injuries: Injury to left leg resulting in amputation below the knee. Disabilities: (a) Unable to work for 18 months (b) Left leg amputated below knee (fitted with artificial limb) Liability: Defendant 100% liable. Award: (1) General damages - amputation of left leg RM 50,000 below the knee - future loss of earnings RM 61,600 - maintenance costs of RM 19,000 artificial limb (2) Special damages - agreed RM551.90 - actual and pre-trial loss RM36,800 of earnings Interest: 8% pa on general damages from date of service of writ to date of judgment (except future loss) and 4% pa on special damages from date of accident to date of judgment. Authorities cited: Lam Len Chen v Sim Hee Tien [1985] 2 MLJ cxcii; Musa bin Putih v Tai Sai Leng & Anor [1988] 1 MLJ xxxviii; Kuldip Singh v Syarikat Sham & Anor [1986] 2 MLJ cclvi; Azman bin Kasri & Anor v Md Isa bin Endut & Anor [1988] 2 MLJ xxviii; Chung Yoke Fah & Anor v BAB Mendis & Anor [1988] 1 MLJ xxxix; Thirimalai & Anor v Mohamed Masry bin Tukimin [1987] 1 MLJ 153; Wong Yee Cheong v Toh Seng Chuan [1988] 2 MLJ xxx; Sum Kum v Devaki Nair & Anor [1964] MLJ 74; Khoo See Moi v Tay Teik Chang [1970] 2 MLJ 249; Lee Boon Kiat v Ng Sing [1982] 1 MLJ 229; Mokhtar v Arumugum [1959] MLJ 232; Zamri bin Omar v Idris bin Mohamed Nor [1989] 2 CLJ 267; Marappan & Anor v Siti Rahmah bte Ibrahim [1990] 1 MLJ 99; Lee Eng Beng & Anor v Torarirajah & Ors [1987] 1 MLJ 121; Pengarah Institut Penyelidikan Perubatan & Anor v Inthra Devi & Anor [1988] 1 MLJ 19; Residin bin Partorjo v Frederick Kiai [1976] 2 MLJ 214.

Digest :

Ng Kat Seng v Selvaraju Civil Suit No 960A-85 High Court, Ipoh (Abdul Malek J).

971 Quantum -- Leg injury

6 [971] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Cloud fracture of right ankle – Surgical scar

Summary :

Case name: Ng Siak Ngin v Singapore Bus Service (1978) Ltd Suit no: DC Summons No 5111 of 1982 Coram: Rahim Jalil, District Judge Date of hearing: 22 December 1983 Date of accident: 23 June 1981 Age of plaintiff: 43 years old at time of accident Occupation: Labourer Brief description of injuries: Cloud fracture of the right ankle. The fractures were openly reduced and fixed with implant. Disabilities: (a) Occasional aches in the right ankle. (b) 16cm ' 15cm surgical scars on medical and lateral aspect of ankle Award: (1) General damages S$ 6,000 (2) Special damages (agreed) S$ 145

Digest :

Ng Siak Ngin v Singapore Bus Service (1978) Ltd DC Summons No 5111 of 1982 Rahim Jalil, District Judge

972 Quantum -- Leg injury

6 [972] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Crush injury to right ankle – Fracture of right ankle with dislocation

Summary :

The plaintiff, a 45-year-old padi planter was earning RM6,500 per season. As a result of the accident, a collision between plaintiff's motorcycle and defendant's car, he suffered the following injuries: (a) abrasion of right temple; (b) laceration on right calf (about 3 cm); (c) severe crush injury at right ankle - right ankle joint exposed and displacement forwards; (d) comminuted fracture of right ankle with dislocation. He also suffered from the following disability: (i) 1 cm shortening of the right leg, with anterior elongation of about 10ก; (ii) 17 cm scar over the dorsum of right ankle; (iii) wasting of the girth of right thigh of 3 cm; (iv) scars behind the right knee and over the right calf of 5 cm and 3 cm respectively; (v) permanent pain and stiffness of right ankle joint - difficulty in climbing stairs or walking on uneven terrain. Award (assessed on 100% liability): (1) pain and suffering (RM25,000 for ankle injuries: RM300 for abrasion of right temple)ÊRM28,000; (2) loss of actual pre-trial earnings ((RM3,500 Ö 12) ' 61 (5 years 1 month)ÊRM17,800; (3) loss of future earnings (purchase of 4 years; multiplicand RM290)ÊRM12,340; (4) agreed special damagesÊRM850. The defendant was ordered to pay the costs of the proceedings to the plaintiff. Interest: award (1) carried interest of 6% pa from date of service of writ to date of trial; award (2) carried interest of 3% pa from date of accident to date of trial; award (3) carried no interest; award (4) carried interest at 3% pa from date of accident to date of trial.

Digest :

Abdullah bin Ahmad v Cheng Meng Chee [1988] 1 MLJ xxxvii High Court, Alor Setar (Lim Beng Choon J).

Annotation :

[Annotation: The plaintiff was adjudged 50% liable and the defendant 50% liable. Awards were therefore reduced accordingly.]

973 Quantum -- Leg injury

6 [973] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture and dislocation of right ankle

Summary :

Male, aged 22, an odd-job labourer. Suffered concussion and shock. Fracture of the left zygoma (depressed). Compound fracture and dislocation of the right ankle. Cracked right frontal bone. Lost extensive area of skin (3 inches x 2 inches) over the outer malleolus exposing the tendon of the peroneal muscles. Skin grafting on the ankle. Walks with a slight limp and has lost full range of movements in the joint. Tires easily when walking long distances and finds difficulty walking on rough ground. Has a clicking noise when he opens and shuts his mouth which is due to the dislocation of the mandibular cartilage which interferes with mastication, and arthritis is likely to develop. General damages: S$10,000 (S$3,000 for the ankle and S$7,000 for the fractured jaw). Special damages: S$1,454.80.

Digest :

Mohamed bin Ahmad Suleimanie v Gim Guan Co Ltd [1966] 1 MLJ xxxiv High Court, Singapore (Buttrose J).

974 Quantum -- Leg injury

6 [974] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture dislocation of left ankle

Summary :

Plaintiff was a technician and aged 25 at the time of the trial. He suffered the following injuries: (1) 5 cm x 5 cm haematoma in the left parietal region; (2) 5 cm superficial laceration on the back of the left forearm; (3) Superficial abrasions on the back of the right elbow and right hand; (4) Pott's fracture-dislocation of the left ankle. The medial malleolus and shaft of the fibula were fractured. Two screws were used in the fixation of the fractures. Dorsiflexion of the left ankle was limited by 5ก. There were two incisional scars on the medial and the lateral side of the ankle. General damages: S$7,000. Special damages: S$1,793. Liability adjudged at 50% and damages were reduced accordingly.

Digest :

Chong Kim Fook v Abdullah bin Hashim [1977] 2 MLJ xlviii High Court, Singapore (Kulasekaram J).

975 Quantum -- Leg injury

6 [975] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of – Ankle movement restricted – Possible long term degenerative changes

Summary :

Case name: Tan Siew Luan v Seow Khee Leng Suit no: DC Summons No 1673 of 1987 Coram: Yong Yung Sui, District Judge Date of hearing: 25 March 1988 Date of accident: 30 April 1985 Age of plaintiff: 30 years old Disabilities: (a) Restriction of dorsiflexion of ankle to half of normal range and plantar flexion to two-thirds of normal range (b) Inversion and eversion of ankle each reduced to two-thirds of normal range (c) 6 cm surgical scars over medial and lateral side of ankle (d) The ankle fracture being intra-articular, degenerative changes possible in the long run Liability: Both parties equally to blame Award: (1) General damages S$ 14,000 (2) Special damages (agreed) S$ 1,000 Interest: 6% pa from date of writ till date of judgment. Authorities cited: Santokh Singh s/o Karnall Singh v SBS (1978) Ltd [1982] 2 MLJ xlviii; Sinnapayan s/o Manickam v Plant Des Terres Rouges [1979] 1 MLJ xxxix; Bohja Jagoo v Yip Shu Hoy [1979] 1 MLJ xxxix; Monohar s/o Suppiah v Liew Sooi Sang [1984] 1 MLJ lxxii.

Digest :

Tan Siew Luan v Seow Khee Leng DC Summons No 1673 of 1987 Yong Yung Sui, District Judge

976 Quantum -- Leg injury

6 [976] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of ankle

Summary :

The plaintiff, aged 42, was a foreman earning S$320 per month. He sustained compound fracture of the medial malleolus and a simple fracture of the lateral malleolus. There were two scars measuring 5 cm and 10 cm respectively over the medial and lateral aspects of his left ankle joint. There was wasting of his calf muscles and dorsiflexion of his ankle was restricted by 15ก and plantarflexion by 10ก. General damages: S$7,000. Special damages: S$2,111.60.

Digest :

Chan Chook How v Tan Nyoke Hoe [1979] 1 MLJ xxxix District Court, Singapore (FG Remedios DJ).

977 Quantum -- Leg injury

6 [977] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of ankle – Laceration over right thigh and leg, cutting across muscles

Summary :

The plaintiff was a 62-year-old 'jaga' at the time of the trial. Before the accident he worked as a grasscutter. As a result of the motor accident, he suffered the following injuries: (i) laceration over the right thigh and leg cutting across muscles; (ii) fracture of the medial malleolus of the right ankle. Consequently, (a) he walked with a limp mainly because of a right dropfoot; (b) there was an irregularly scarred area of 15 inches x 8 inches with grafted skin over the whole of the back of the right leg and knee. The leg was out of shape because of loss of part of the calf muscles; (c) there was a scar 3 [1/2] inches long over the medial malleolus. The foot was held plantarflexed and could not be raised above the position of 15ก plantarflexion. The movements of turning the foot inwards and outwards were restricted to about two-thirds the normal range; (d) there were scarred strips 10 inches x 9 inches over the front and medial aspect of the left thigh where skin had been removed for grafting; (e) X-ray of the right ankle showed a fracture of the medial malleolus which had united with a screw in place. The said scars, the deformity of the right leg, the dropfoot and restriction of movements at the right which resulted from these injuries were likely to be permanent. The dropfoot causes a limp and interferes with activities such as squatting, climbing or running, arthritis was likely to develop at the right ankle. Judgment for the plaintiff was as follows: (1) pain and suffering and loss of amenities RM18,000; (2) loss of future earnings RM4,464; (3) loss of earnings (special) RM6,750; (4) agreed special damages RM415; (5) interest on item (1) at 8% pa from date of service of writ; (6) no interest for loss of future earnings; (7) 4% pa for special damages, ie loss of earnings from date of accident to date of judgment; (8) costs. The court found both the plaintiff and the defendant equally to blame for the negligence. The said awards were therefore reduced by 50%.

Digest :

Gulam Murbanth v Loo Kim Chan [1984] 1 MLJ lxxii High Court, Kuala Lumpur (Mohamed Dzaiddin J).

978 Quantum -- Leg injury

6 [978] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of ankle – Limitation of movement of ankle

Summary :

Tractor driver aged 26 earning S$10.50 per day. Fracture of the right lateral malleolus; haematoma of the scrotum and tender in the suprapubic region; 2ก limitation of dorsiflexion of the right ankle and 3ก limitation of plantarflexion. General damages: S$3,500 (based on 100% liability). Special damages agreed at S$387. Plaintiff was himself 25% to blame and was therefore awarded 75% of the general and special damages.

Digest :

Loh Pew v Low Maung Maung [1968] 2 MLJ ii High Court, Singapore (Buttrose J).

979 Quantum -- Leg injury

6 [979] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of bones on both sides of his left ankle joint

Summary :

Male shopkeeper, suffered a fracture of the bones on both sides of his left ankle joint and an abrasion of the left forearm. He was in plaster for three months and did not have complete use of his limbs during that period. He was able to exercise some degree of supervision over his shop. General damages: RM3,500 (for pain and suffering and osteoarthritis). Special damages: RM2,010.50 (hospital fees, etc RM510.50, for being away from work for three months at RM500 per month, RM1,500).

Digest :

Burton v Lim Koon Heng [1966] 2 MLJ xx High Court, Kuala Lumpur (Raja Azlan Shah J).

980 Quantum -- Leg injury

6 [980] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of right ankle – Laceration of right ankle – Fracture of third right metatarsal – Fracture of lower end of right fibula

Summary :

The plaintiff, a mason, suffered injuries as a result of a collision between a motorcycle on which the plaintiff was a pillion rider and the defendant's lorry. The plaintiff was 30 years old and was earning $800 per month before the accident. Injuries sustained: (a) trimalleolar fracture of the right ankle; (b) a 10 cm by 6 cm laceration at the right ankle; (c) fracture at the third right metatarsal; (d) fracture at the lower end of the right fibula. There was; (a) pain due to fracture and lacerations at right ankle would get worse in time; and (b) difficulty in walking and in carrying heavy objects. Would not be able to stand for long hours. The judge awarded: (1) injuries in items (a) and (b) RM18,000; (2) injuries in item (c) RM2,000; (3) injuries in item (d) RM3,000; Note: due to overlapping, damages for pain and suffering and loss of amenities were reduced to RM22,000; (4) loss of earning capacity (Multiplicand RM208, multiplier 16) RM27,000; (5) speical damages: loss of income for 150 days at RM20 per day, RM3,000; transport expenses to hospital for physiotherapy treatment and check-ups RM367; loss of personal items RM75; police documents and medical report (agreed sum) RM53. Interest: awards (1), (2) and (3) carried interest at 6% pa from date the action was filed up to date of judgment; award (5) carried interest at 3% pa from date the cause of action arose up to the date of judgment.

Digest :

Khoo Lai Beng v Syarikat Binaan Noriswaty Sdn Bhd (Koh Kok Boon & Anor Third Parties) [1988] 2 MLJ xxix High Court, Kota Bharu (Abdul Malek J).

981 Quantum -- Leg injury

6 [981] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Fracture of right ankle joint

Summary :

First plaintiff, married woman aged 40 at the time of the accident. Date of accident 11 August 1969. Confidential secretary to an executive. Suffered a fractured dislocation of the right ankle joint involving the right lateral malleolus. There was also an osteochondral fragment arising from the body of the right talus. Open reduction and internal fixation of the fractured dislocation was done. She was asked to walk with the use of crutches being non-weight bearing up to 26 March 1970. She then became weight-bearing but used a stick for support. She was readmitted in February 1971 for the removal of the pin used to fix the fracture of the talus, but the pin in the malleolus was not touched. This operational wound finally healed by the end of April 1971. In July 1971, she had difficulty in going up and down stairs and walked with a marked limp and could not run. Squatting and rising was possible though uncomfortable. There was a inch wasting in the girth of the right thigh and 1[1/4] inch wasting of the right calf. She had only half the range of dorsiflexion and quarter of the range of plantarflexion and half inversion and eversion. There was crepitus on movement of the right ankle and X-rays revealed definite narrowing of the joint space on the medial side of the ankle joint. She also had operational scars. There was a strong probability that the ankle would have to be fused or arthrodesed within five years from July 1971 and this would involve a major operation involving immobilization for a further three months and two or three months further rehabilitation thereafter. Although the pain would then be eradicated, she would then be left with a completely stiff ankle joint which would mean that she could not run and walking on uneven ground would be difficult. As a result of the injury, she lost her job and is unable to obtain further employment as a secretary. General damages: pain and suffering and loss of amenities S$12,000; loss of future earnings S$23,000; loss of gratuity (had she not lost her job) S$12,796. Special damages: S$91.90. Total: S$47,887.90. 2nd plaintiff awarded S$350 general damages and S$1,004.60 as special damages. The injuries sustained by the 2nd plaintiff were abrasions on the forehead and bruises on the knee.

Digest :

Lee Nya Chik (mw) & Anor v Koh Choon Ngoh (f) [1973] 1 MLJ xxviii High Court, Singapore (Chua J).

982 Quantum -- Leg injury

6 [982] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Open fracture dislocation – Fracture stabilized by internal plating

Summary :

Case name: Adinan bin Sunsumarto v Lee Rongsen Suit no: DC Suit No 3514 of 1986 Coram: Hamzah Moosa, District Judge Date of hearing: 24 March 1990 Date of accident: 21 March 1987 Age of plaintiff: 67 years old Occupation: Labourer Brief description of injuries: Open fracture dislocation of the right ankle joint (fractures of the right lateral and medial malleoli). He underwent an emergency operation to reduce the dislocation and to stabilize the fractures by internal plating. Liability: Plaintiff was found 75% to blame and damages reduced accordingly. Award (on 100% basis): (1) General damages S$ 9,000 (2) Special damages S$ 4,308.30 Interest: 6% pa from date of writ to date of judgment. Authorities cited: Chan Chook How v Tan Nyoke Hoe [1979] 1 MLJ xxxix; Ee Chye Heng v Chia Mun Fook 1989 BLD [May] 648; Lee Kok Wu v Yap Chin Ghee (Suit No 1662 of 1983) (unreported).

Digest :

Adinan bin Sunsumarto v Lee Rongsen DC Suit No 3514 of 1986 Hamzah Moosa, District Judge

983 Quantum -- Leg injury

6 [983] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Pott's fracture

Summary :

Case name:[T]Sumasundaran a/l Sithamparam v Ng Peng Huat Suit no:[T]DC Suit No 4244 of 1995 Coram:[T]District Court (Emily Wilfred, District Judge) Date of hearing:[T]18 November 1995 Date of accident:[T]15 September 1994. Plaintiff:[T]Sumasundran a/l Sithamparam. Age:[T]39 years old Brief description of injuries: He sustained Pott's fracture of the left ankle involving medial and lateral malleolii for which an open reduction and internal fixation with plates and screws which were removed on 19 October 1994. Disabilities: He has residual pain and stiffness in the left ankle. The left ankle makes it difficult for him to climb steps. Carrying heavy objects would put further strain to his left ankle. Osteoarthritis of the ankle. Surgical scars. Awarded: [T](1)[T]General Damages [T]Ð[T]Pott's fracture of the left ankle[T]S$[T]14,000.00 [T]Ð[T]Osteoarthritis of left ankle[T]S$[T]4,000.00 [T]Ð[T]Scars[T]S$3,000.00 [T]Ð[T]Loss of earning capacity[T]S$[T]15,000.00 [T][T]____________ [T][T]S$[T]36,000.00 [T][T]____________ [T](2)[T]Special Damages (agreed)[T]S$[T]1,298.00 Interest: 6% pa from date of writ of summons to judgment excluding loss of earning capacity. Costs fixed at $7,800.00 excluding disbursements. Liability: 100%.

Digest :

Sumasundaran a/l Sithamparam v Ng Peng Huat DC Suit No 4244 of 1995 District Court, Signapore (Emily Wilfred, District Judge).

984 Quantum -- Leg injury

6 [984] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Pott's fracture – Loss of earning capacity

Summary :

Case name: Tan Kok Hui v Teo Kiang Peng Suit no: DC(T) Suit No 9523 of 1986 (District Court, Singapore) Coram: Chiah Kok Khun, Deputy Registrar Date of hearing: 29 April 1991 Date of accident: 11 April 1985 Age of plaintiff/deceased: 20 years old (at date of accident) Occupation: Sprinkler pipe mechanic Earnings: S$858 per month Brief description of injuries: (a) Fracture of the right ankle (right Pott's fracture) (b) Two surgical scars over the right ankle: medially 6cm long and laterally 6cm long Disabilities: (a) Scar over his right ankle (b) Limitation of movement in his right ankle (c) Right ankle prone to early secondary osteoarthritis with its attending and increasing pain and stiffness in the joint Award: (1) General damages - (agreed) S$ 14,000 - loss of earning capacity S$ 5,000 (2) Special damages - (agreed) S$ 913.25 - loss of past earnings from S$ 7,293 11 April 1985 to 31 December 1985 (S$858 ' 8 1/2) Interest: 6% pa on $22,206.25 from date of writ to date of final judgment. Authorities cited: Tan Siew Luan v Seow Khee Leng [1989] BLD Yearbook 661; Toh Kee Aing v Ramu s/o Gurusamy 1990 BLD [Apr] 331; Ang Kar Wee v Singapore Bus Service (1978) Ltd 1990 BLD [Jan] 37; Noor Azan bte Bari v Kaw Teck Guan 1989 BLD [Oct] 1416; Mohandas s/o Lachiram v Tahir bin Mat Yassin [1986] 2 MLJ ccv; Othman bin Ahmad v Singapore Traction Co Ltd [1966] 1 MLJ 64; Moeliker v Reyrolle [1977] 1 All ER 9; Dr S Underwood v Ong Ah Long [1986] 2 MLJ 246; Yang Yap Fong & Anor v Leong Pek Hoon & Anor [1987] 2 MLJ 201; Loh Gun Woh v Yong Swee Hin & Anor [1986] 1 MLJ cxxxii; Ho Kiat v Ngo Siong Hong [1986] 1 MLJ xcii; Lee Soon Beng v Wee Tiam Sing [1986] 2 MLJ 340; Tay Ah Lan v Singapore Bus Service (1978) Ltd [1985] 2 MLJ cxciii; Chong Kim Fook v Abdullah bin Hashim [1977] 2 MLJ xlviii; Santokh Singh s/o Karnail Singh v Singapore Bus Service (1978) Ltd [1982] 2 MLJ xlviii.

Digest :

Tan Kok Hui v Teo Kiang Peng Suit No 9523 of 1986 District Court, Singapore (Chiah Kok Khun, Deputy Registrar).

985 Quantum -- Leg injury

6 [985] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Ankle – Severe compound dislocation of left ankle and subtalar joints

Summary :

.

Digest :

Mohamed Yasin & Anor v G Balashanmugam [1980] 1 MLJ xlvi High Court, Kuala Lumpur (Mohamed Azmi J).

See DAMAGES (PERSONAL INJURY OR DEATH), Vol 6, para 1145.

986 Quantum -- Leg injury

6 [986] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Closed fracture of left femur – Closed fracture of left ankle – Crack fracture of left fibula – Scars – Loss of amenities

Summary :

Case name: Tan Cheng Chye & Anor v Beng Teck Giap, Hensen Suit no: DC Suit No 12886 of 1986 Coram: Mok Wing Chee, Deputy Registrar Date of hearing: 29 September 1989 Date of accident: 21 May 1985 Age of first plaintiff: 12 years old at time of accident Occupation: Schoolboy Brief description of injuries: (a) Closed fracture of left femur (b) Closed fracture of left ankle (c) Crack fracture of left fibula (d) 7cm transverse flat scar across knee and 2cm ' 1cm circular scars (e) Loss of amenities Liability: Plaintiff 50% liable; defendant 50% liable. Award (on 100% basis): (1) General damages (first plaintiff) - left femur S$ 6,500 - left ankle S$ 6,000 - left fibula S$ 6,000 - scars S$ 2,000 - loss of amenities S$ 1,500 (2) Special damages (second plaintiff) S$ 4,567.25 Interest: 6% pa on general and special damages from date of writ to date of final judgment. Authorities cited: Leng Yang Sua & Anor v Ng Yen Kee & Anor [1987] 2 MLJ xx; Tay Peck Low v Lim Ngo [1986] 1 MLJ xci; Wahat bin Hj Yahya & Ors v Sim Wi Fat & Anor [1986] 2 MLJ cclvi; Lau Hua Kwang v Heng Yoo Bak & Anor (Suit 1017 of 1988) (unreported); Tay Ah Lan v Singapore Bus Service [1978] Ltd [1985] 2 MLJ cxciii; Ng Boon Tong v Koh Yew Hock (DC Suit 6586 of 1986) (unreported); Mohd Pubillah bin Omar v Lakhbir Singh [1988] 1 MLJ xxxiii; Atan bin Abu Bakar v Chua Yew Toh (Suit 1449 of 1985) (unreported); Phua Kim Lai v Singapore Bus Service (1978) Ltd (DC (T) 6630 of 1986) (unreported); Koh Lay Pheng v Leong Yau Oon (Suit 487 of 1982) (unreported); Tan Siew Luan v Seow Khee Leng (DC Suit 1673 of 1987) (unreported); Khoo Lai Beng v Syarikat Binaan Noriswaty Sdn Bhd [1988] 2 MLJ xxxix; Mohandas s/o Lachiram v Tahir bin Mat Yassin [1986] 2 MLJ ccx; Soo Wai Seng v Tan Kim Lock [1986] 2 MLJ 61; Mahamad bin Mahamad Said & Anor v Perianayagam & Anor [1972] 1 MLJ 67; Jag Singh v Toong Fong Omnibus Co [1964] 1 MLJ 463; Fletcher v Autocar & Transporters Ltd [1986] 1 All ER 726; Ang Eng Lee & Anor v Lim Tye Soon [1987] 2 MLJ 545; Donnelly v Joyce [1974] 1 QB 455; Bonham Carter v Hyde Park Hotel Ltd [1948] TLR lxiv 177; Tew Woon Chong v Wong Hor Ng [1986] 1 MLJ xcii; Lee Boon Kiat v Ng Sing [1982] 1 MLJ 229.

Digest :

Tan Cheng Chye & Anor v Beng Teck Giap, Hensen DC Suit No 12886 of 1986 District Court, Singapore (Mok Wing Chee, Deputy Registrar).

Annotation :

[Annotation: On 9 February 1990, the judge-in-chambers, Mr Khoo Oon Soo, dismissed the appeal as regards the quantum of general damages, but allowed the appeal against the award of special damages to the second plaintiff (since deceased) who is the father of the first plaintiff. The plaintiffs' appeal to the High Court was allowed by Punch Coomaraswamy J on 12 March 1991. The deputy registrar's award of special damages to the second plaintiff was restored.]

987 Quantum -- Leg injury

6 [987] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Comminuted fracture of right tibia and fibula

Summary :

Case name: Tan Lee Ngo v Chwa Huat & Anor Suit no: DC Suit No 4555 of 1987 Coram: Syed Alwee bin Ahmad Alsree, District Judge Date of hearing: 3 February 1990 Date of accident: 27 July 1986 Nature of Collision between first defendant accident: motor cycle with the plaintiff riding pillion and the second defendant's motor pickup Brief description of injuries: Compound comminuted fractures of the right tibia and fibula at the mid-shaft. Disabilities: (a) Two scars over the right leg, one over the medial and one over the anterior aspect of the right shin measuring 14cm and 24cm respectively (b) Small healed sinus over the medial aspect at the lower end of the medial scar (c) 15cm wasting of the right calf muscle (d) Loss of 20% extension of the right leg and some residual pain Liability: First defendant 75% liable; second defendant 25% liable. Award (on 100% basis): (1) General damages S$ 11,000 (2) Special damages (agreed) S$ 3,383.23 Interest: 6% pa on general and special damages from date of writ date of judgment. Authorities cited: Abdul Jabbar bin Abdullah Khan v Ong Boon Peng David (DC Suit No 643 of 1987) (unreported); Ang Cheng Eak v Lim Moi Song (Suit No 3758 of 1979) (unreported); Giam Ban Leng v Ng Kok Juay 1989 BLD [Oct] 1414; Ibrahim bin Adnan v Abdul Ghani bin Ngah [1987] 2 MLJ xix; Koh Lay Pheng v Leong Yau Oon & Anor [1988] 1 MLJ xxxv; Leng Yang Sua & Anor v Ng Yen Kee & Anor [1987] 2 MLJ xx; Sek Chu Meng v Lim Kon Son [1988] 1 MLJ xxxv; Chern Chew Kwang v Chooi Wai Khing 1989 BLD [Jan] 81; Soo Wai Seng v Tan Kim Lock [1986] 2 MLJ 61; Lee Ann v Mohamed Sahari bin Zakaria [1987] 1 MLJ 252; Chung Yoke Fah & Anor v BAB Mendis [1988] 1 MLJ xxxix.

Digest :

Tan Lee Ngo v Chwa Huat & Anor DC Suit No 4555 of 1987 Syed Alwee bin Ahmad Alsree, District Judge

988 Quantum -- Leg injury

6 [988] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Comminuted fracture of right upper femur – Open fracture of right tibia and fibula – Closed fracture of left humerus shaft – Shoulder pain and abrasion – Stable head injury

Summary :

Case name:[T]Ramdas s/o Achiddappan Naidu & Ors v Chua Ben Cheong Suit no:[T]Suit No 702 of 1993 Coram:[T]High Court, Singapore (Eugene Teo Weng Kuan, Assistant Registrar) Date of hearing:[T]22 May 1991 Date of accident:[T]12 May 1991 1st Plaintiff:[T]Ramdas s/o Achidappan Naidu Age:[T]45 years old at time of accident Brief description of injuries: Shoulder pain and abrasion of the right elbow. Disabilities: No disability. Assessed: (1)[T]General Damages: [T]Ð[T]Pain and suffering[T]S$[T]1,000.00 (2)[T]Special Damages:[T]S$[T]25.00 Interest: 6% pa from issuance of writ to judgment. 2nd Plaintiff:[T]Subramaniam Ramayee Age:[T]39 years old at the time of accident Occupation:[T]Cleaner Brief description of injuries: (a)[T]A long comminuted fracture of the right upper femur. (b)[T]Open fractures of her right tibia and fibula bones. (c)[T]A closed fracture of the left humerus shaft with radial nerve palsy. Treated with internal fixation of a fractured left humerus and right femur with plating and bone grafting. The tibial fracture was treated by external fixator and debridement of the wounds. Disabilities: (a)[T]The left shoulder has restricted internal rotation of 80% of normal and external rotation is absent. (b)[T]13 cm linear scar over the left arm from surgery of the left humerus. (c)[T]32 cm surgical scar over the right lateral aspect of the thigh. (d)[T]Healed scarring on the left thigh due to a skin graft and irregular scars and circumferential scarring around the left lower leg as a result of the compound fracture of the left lower tibia. (e)[T[Left ankle movements are restricted with plantar flexion of 30 degrees but there is no dorsiflexion. Inversion and eversion is 10 degrees. (f)[T]The range of motion in the right hip is as follows: Flexion Ð 100 degrees, Internal rotation Ð 20 degrees. External rotation Ð 40 degrees, Abduction Ð 30 degrees and Adduction Ð 20 degrees. Assessed: (1)[T]General Damages: [T]Ð[T]Comminuted fracture right femur[T]S$[T]20,000.00 [T]Ð[T]Open fractures left tibia and fibula[T]S$[T]22,000.00 [T]Ð[T]Closed fracture of left humerus [T][T]with radial nerve palsy[T]S$[T]10,000.00 [T]Ð[T]Scars and skin grafting[T]S$[T]10,000.00 [T]Ð[T]Loss of future earnings at an [T][T]estimated S$400.00 per month [T][T]ด 12 months ด 7 years[T]S$[T]33,600.00 [T]Ð[T]Loss of CPF on item 5[T]S$[T]6,720.00 (2)[T]Special Damages:[T]S$[T]17,351.24 Interest: 6% from issuance of writ to judgment on items 1 to 4 and on special damages. Liability: 100%. Appeal to judge in chambers Coram:[T]CR Rajah JC (19th June 1996) Comminuted fracture of right femur reduced to S$15,000.00. 3rd Plaintiff:[T]Magaswari d/o Ramdas (infant) Age[ei[:[T]15 years old at time of accident Brief description of injuries: Stable head injury. Disabilities: No disability. Assessed: (1)[T]General Damages: [T]Ð[T]Pain and suffering[T]S$[T]1,000.00 (2)[T}Special Damages:[T]S$[T]25.00 Interest: 6% pa from issuance of writ to judgment.

Digest :

Ramdas s/o Achiddappan Naidu & Ors v Chua Ben Cheong Suit No 702 of 1993 High Court, Singapore (Eugene Teo Weng Kuan, Assistant Registrar).

989 Quantum -- Leg injury

6 [989] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Comminuted trochanteric fracture of right femur – Comminuted fracture of right calcaneum extending into subtalar joint

Summary :

Case name: Tan Kim Hock v Kumagai Gumi Co Ltd & Ors Suit no: Suit No 220 of 1989 (High Court, Singapore) Coram: Chan Hian Young, Assistant Registrar Date of hearing: 14 April 1992 Date of accident: 5 February 1986 Age of plaintiff: 28 years old at time of accident Occupation Painter (a) Comminuted trochanteric fracture of right femur (b) Comminuted fracture of right calcaneum extending into the subtalar joint Disabilities: (a) Walks with distinct limp in the right side (b) Right thigh (39cm) wasted by 3cm compared to the left (42cm) (c) Surgical scar measuring 35cm in the lateral side of the right thigh (d) Right heel and ankle swollen (e) Loss of subtalar movements, and pain experienced when plaintiff walks on unlevel ground or climbs stairs Liability: Defendant 100% liable. Award: (1) General damages - comminuted fracture of right S$ 15,000 femur including surgical scar - comminuted fracture of heel S$ 10,000 together with disabilities - loss of future earnings (agreed) S$ 36,000 (2) Special damages - (agreed) S$ 27,250.20 Interest: 6% pa from date of writ to date of judgment. Authorities cited: Tan Cheng Chye & Anor v Beng Teck Giap Hensen 1990 BLD [Sep] 914; Noor Azan bte Bari v Kaw Teck Guan 1989 BLD [Oct] 1416; Wong Ching Wah v Kang Keith & Anor 1991 MMD [Mar] 285; Ang Kar Wee v Singapore Bus Services (1978) Ltd 1990 BLD [Jan] 37; Tan Tee Huat v Loy Sian Wah Anthony 1989 BLD [Jun] 818; Chiang Chang Sein & Anor v Estate of Leow Poh Hua, deceased 1990 BLD [Jun] 551; Seow Tian Chwee v Aw Chuan Joo & Anor 1990 BLD [Dec] 1233; Hong Huat Timber Trading Co v Liew Kwee Chin [1980] 1 MLJ 1.

Digest :

Tan Kim Hock v Kumagai Gumi Co Ltd & Ors Suit No 220 of 1989 High Court, Singapore (Chan Hian Young, Assistant Registrar).

990 Quantum -- Leg injury

6 [990] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Crush injury of left foot – Lacerations

Summary :

Case name: Woo Siong Yen v Wong Ko Hien Suit no: HC Suit No 1137 of 1988 Coram: Kenneth Au Yong, Assistant Registrar Date of hearing: 8 November 1989 Date of accident: 5 December 1987 Age of first plaintiff: 31 years old at time of accident Occupation: Pre-injury: Tow mechanic Post-injury: Workshop assistant Brief description of injuries: (a) Crush injury to the left foot (b) Left leg amputated below knee (c) Multiple lacerations and abrasions Disability: Atrophy of left thigh muscles (quadriceps), with a 5cm circumference difference from normal right thigh Award: (1) General damages - agreed S$ 42,500 - loss of future earnings S$ 62,400 (multiplicand of S$400 and multiplier of 13) - costs of future medical care S$ 10,000 (agreed) (2) Special damages - agreed S$ 2,385.05 - pre-trial loss of earnings S$11,200 Interest: 6% pa from date of writ to date of judgment for general damages and 3% from date of filing of writ to date of judgment for special damages.

Digest :

Woo Siong Yen v Wong Ko Hien HC Suit No 1137 of 1988 High Court, Singapore (Kenneth Au Yong, Assistant Registrar).

991 Quantum -- Leg injury

6 [991] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Crush injury to right foot – Inability to run and walk long distances – Deformity of right foot

Summary :

Case name: Yusof bin Ahmad v Sykt Kuantan Lumber Sdn Bhd Suit no: [1993] 1 CLJ 243 (High Court, Kuantan) Coram: Lamin J Date of hearing: 5 August 1992 Date of accident: 28 December 1973 Nature of accident: Plaintiff was injured while sawing logs at the defendant's sawmill Age of plaintiff: 26 years old at time of accident Occupation: Sawmill worker Earnings: RM238 per month Brief description of injuries: (a) Crush injury to the right foot avulsing the skin of the whole of the posterior half of the sole and part of the dorsum of the foot (b) Underwent skin grafting to replace lost skin Disabilities: (a) Unable to run and walk long distances (b) Walks with a limp and pain is felt when walking (c) Deformity of right foot Liability: Defendant 60% liable; plaintiff 40% liable. Award: (1) General damages - pain and suffering RM 25,000 - loss of future earnings RM 8,529 (2) Special damages - pre-trial loss of earnings RM 22,260 (RM240 ' 24 months) + (RM100 ' 165 months) Interest: 6% pa on general damages from date of service of writ to date of judgment. Authorities cited: Wee Bian Hock v Keppel Shipyard (Pte) Ltd [1979] 1 MLJ 13; Chin Thong Thai v Yoong Leok Kee Corp Sdn Bhd, Seremban High Court Civil Suit No 329 of 1976 (unreported); Lim Ah Tah v Pahang Consolidated Co Ltd [1984] 1 MLJ lxxii.

Digest :

Yusof bin Ahmad v Sykt Kuantan Lumber Sdn Bhd [1993] 1 CLJ 243 High Court, Kuantan (Lamin J).

Annotation :

[Annotation: The plaintiff started to work for his father without being paid, two years after the accident. Subsequently, the plaintiff continued to work for the defendant at a monthly income of RM100. In assessing the amount of pre-trial loss of earnings, the court did not consider the period when the plaintiff was working for his father. The amount of loss of future earnings was computed based on the annuity tables with a multiplier of nine and a loss of monthly income of RM100.]

992 Quantum -- Leg injury

6 [992] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – First plaintiff – Shortening of leg by [1/2] inch – Second plaintiff – Shortening of right leg by [1/4] inch – Wasting of right thigh muscles – Scars over front of right thigh, lateral aspect of groin, leg and dorsum of the right foot and ankle

Summary :

First plaintiff was hospitalized for one year and his leg was shortened by [1/2] inch on account of the accident. His right knee was restricted in movement and there were numerous scars on his right side. His fifth metatarsal and toe were amputated and fourth toe was shortened. He did not however suffer any loss of future earnings. General damages: RM12,000. Special damages: RM1,255 (RM1,165 being loss of earnings during hospitalization and RM90 being transport expenses). The second plaintiff was a female rubber tapper and at the time of the accident aged 19 and unmarried. She had scars over the front of the right thigh, lateral aspect of right thigh, groin, leg and dorsum of the right foot and ankle. There was wasting of the right thigh muscles, movement of right knee was limited and limitation of dorsiflexion of right ankle to half range and inability to dorsiflex the right toe. She walked with a limp and there was a 3/4 inch shortening of the right leg. The plaintiff will not be able to walk on uneven ground, climb stairs or squat. She also claimed prospective loss of marriage as part of the general damages. General damages: RM22,500 (RM16,000 for pain and suffering and RM6,500 for loss of future earnings). Special damages: RM1,710 (being RM90 transport expenses, RM1,620 loss of actual earnings).

Digest :

Ayappan s/o Samy & Anor v Perumal s/o Muthiah [1977] 1 MLJ lxxx High Court, Seremban (Mohamed Zahir J).

993 Quantum -- Leg injury

6 [993] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Crush injury to left foot – Haematoma of dorsum of left foot – Laceration between fourth and fifth toes of left foot

Summary :

Plaintiff suffered from a large haematoma of the dorsum of the left foot and a laceration of [1/2] centimetre between the fourth and fifth toes of the left foot. This caused the crushed left foot. The laceration between the toes had to be sewn, and the crushed foot swelled intermittently. The plaintiff was wholly incapacitated from work for three months and partially incapacitated for a further six months. There was then no further disability. The special damages were agreed, there being no loss of earnings as all the earnings had been paid. General damages: S$2,000. Special damages: S$74.50.

Digest :

Chain Detaram Avaswani v Paya Lebar Bus Service [1965] 2 MLJ xl High Court, Singapore (Kulasekaram J).

994 Quantum -- Leg injury

6 [994] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Crush injury to right foot – Dislocation and subluxation of right forefoot

Summary :

The plaintiff, aged 42, was working in a tunnel 900 ft underground in the defendant's tin mine loading a trolley with rocks when part of the wall of the tunnel slid. This brought down a length of metal piping that had been attached to the tunnel wall on to the right foot of the plaintiff causing it to be seriously injured. The plaintiff suffered a serious crush of the right foot with dislocation and subluxation of the right forefoot. He was in and out of hospitals at fairly long stretches on each occasion. His foot became deformed with loss of the arches and abduction rotation of the forefoot. The plaintiff was not able to run or even walk fast and had to limp to try to neutralize the pain that he must have with a foot without arches. The defendant was held absolutely liable. General damages: RM49,000 being RM29,000 loss of future earnings and RM20,000 pain and suffering. Special damages: RM31,363 being RM500 travelling expenses and RM30,863 for loss of earnings (computed as follows: 19 March 1976 to March 1979, RM16,038; from April 1979 to March 1982, RM11,711 and from April 1982 to December 1982, RM3,114). Interest was also awarded.

Digest :

Lim Ah Tah v Pahang Consolidated Co Ltd [1984] 1 MLJ lxxii High Court, Kuantan (George J).

995 Quantum -- Leg injury

6 [995] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Crush injury to right foot – Laceration with underlying damage to bones of right foot

Summary :

Bus conductress aged 31, earning RM110 per month. Crushed injury of right foot producing a laceration with underlying damage to the bones of the right foot. Hospitalized three months during which she underwent certain operations, and continued as an outpatient for more than eight months. Medical evidence was that 'onset of traumatic arthritic changes at some future date is almost certain and may well cause considerable pain of a crippling nature. Operative arthrodesis of the mid-foot joints may well be called for in later life'. Plaintiff complained of considerable pain from the foot which 'could only be eliminated by operative arthrodesis, ie fixing the joints of the foot'. She also complained that 'she had been very much run down and depressed as a result of the accident and the pain which she suffered from the injury'. Future earnings reduced by 50%. Special damages: RM1,813. Damages for pain and suffering: RM1,500. Loss of future earnings: RM7,260.

Digest :

Peh Joo Kim v Yee Hong Kee & Ors [1964] 30 MLJ xlv High Court, Penang (Hepworth J).

996 Quantum -- Leg injury

6 [996] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Dislocation of intermediate cuneiform bone of the second metatarsal joint – Osteoporosis of the first and second tarso-metatarsal joint – Shortening of leg by [1/2] inch

Summary :

The plaintiff was 27 years old at the time of the accident and suffered a dislocation of the intermediate cuneiform bone of the 2nd metatarsal joint with extensive degloving injury on the dorsum of the left foot with severe injury to the extensor tendon. Haematoma over the right thigh with soft tissue injuries involving loss of skin. Haemarthrosis of the right knee. Multiple skin grafts were done to the dorsum of the left foot and the lateral side of the right thigh. The donor area was from the left thigh. There is limited flexion by 70ก in the right knee. There is limitation of the left ankle in dorsiflexion, inversion and eversion by 10ก compared with the right. X-ray of the left ankle showed osteoporosis of the first and second tarso-metatarsal joint. There is a [1/2] inch shortening of the leg including gross disfigurement of the left thigh and left foot. No loss of future earnings. Awarded S$20,000 damages (of which S$1,750 were agreed special damages).

Digest :

Mohaideen Pichay v Yew Ah Law [1970] 2 MLJ xx High Court, Singapore (D'Cotta J).

997 Quantum -- Leg injury

6 [997] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Fracture of metatarsals of right foot

Summary :

Schoolboy, aged 17, suffered fracture of shafts of first, second, third and fourth metatarsals of right foot. No residual disabilities. General damages: RM1,200 (with 5% pa interest from date of accident to judgment).

Digest :

Yong Cho Yeit v Yap Yor Ching [1966] 1 MLJ xxxiv High Court, Kuala Lumpur (Abdul Aziz J).

998 Quantum -- Leg injury

6 [998] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Fracture of right metatarsal bones – Fracture of right medial cuneiform and nevicular bones

Summary :

The plaintiff now aged 18 years but aged 16 years at the time of accident sustained fracture of the right fifth metatarsal bone, fracture of the head of the right second metatarsal bone and fractures of the right medial cuneiform and navicular bones. General damages awarded S$4,000; Special damages agreed S$116. (Degree of negligence of the plaintiff [1/5] and of the defendant [4/5]. Damages reduced accordingly.)

Digest :

Halimah bte Manaf & Anor v Attorney General [1975] 2 MLJ ii High Court, Singapore (Kulasekaram J).

999 Quantum -- Leg injury

6 [999] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Laceration of right foot – Tendons of second, third, fourth and fifth toes were severed

Summary :

Male, broker, aged 75 at date of trial, no loss of future earnings. Extensive lacerated wound with skin loss on the dorsum of his right foot. The tendons to the right second, third, fourth and fifth toes were severed. After toilet and suture skin sloughed. This was excised and replaced by skin graft. Now unable to dorsiflex the four toes of his right foot. Burning sensation and loss of feeling over grafted area. General damages: RM2,300 (RM1,800 for pain and suffering, RM500 for loss of amenities). Special damages: RM1,001.50 and interest on damages at 5% from date of accident until judgment.

Digest :

Ponnamapalam v Mohamed bin Nordin [1965] 2 MLJ xxvi High Court, Kuala Lumpur (Abdul Aziz J).

1000 Quantum -- Leg injury

6 [1000] DAMAGES (PERSONAL INJURY OR DEATH) Quantum – Leg injury – Foot – Laceration over sole of right foot – Flexor tendon exposed

Summary :

Plaintiff, student teacher, aged 21, suffered from a 1 [1/2] inch by [1/2] inch long deep lacerated wound over the sole of the right foot near the base of the right big toe. The flexor hallucis longus tendon was exposed but not severed. There was no fracture. Toilet and suture of the wound were done and the wound healed satisfactorily. General damages: S$1,800. Special damages: S$178.

Digest :

Pung Eng Hui v Victor Ralph Winton & Anor [1965] 2 MLJ xl High Court, Singapore (Ambrose J).

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