Man Mohan Singh v Dilveer Singh Gill: Negligence, Damages, and Claim for Fertility Treatment After Fatal Road Accident
In Man Mohan Singh s/o Jothirambal Singh and Another v Dilveer Singh Gill s/o Shokdarchan Singh and Another, the High Court of Singapore heard cross-appeals regarding damages awarded to the plaintiffs, Mr. Man Mohan Singh and Mdm. Jasbir Kaur, whose two children died in a road accident. The plaintiffs claimed damages for bereavement, funeral expenses, loss of dependency, post-traumatic shock, and fertility treatment costs. The court dismissed the plaintiffs' appeal regarding nervous shock and allowed the co-defendant's, Zurich Insurance (Singapore) Pte Ltd, appeal against the award for fertility treatment, while dismissing the appeal against the award for loss of dependency.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs' appeal dismissed; Co-defendant's appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Parents of deceased children sought damages for negligence, including fertility treatment costs. The court dismissed the nervous shock claim and disallowed fertility treatment costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Man Mohan Singh s/o Jothirambal Singh | Plaintiff, Appellant | Individual | Appeal dismissed | Lost | |
| Jasbir Kaur | Plaintiff, Appellant | Individual | Appeal dismissed | Lost | |
| Dilveer Singh Gill s/o Shokdarchan Singh | Defendant | Individual | No appearance | Neutral | |
| Zurich Insurance (Singapore) Pte Ltd now known as Qbe Insurance | Co-defendant, Respondent, Appellant | Corporation | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
4. Facts
- Plaintiffs' two children died in a road accident on 2 December 2002.
- The children were passengers in a rented car driven by a friend of their cousin.
- The driver of the car, Dilveer Singh Gill, could not be traced.
- The plaintiffs claimed damages for bereavement, funeral expenses, loss of dependency, post-traumatic shock, and fertility treatment costs.
- The Assistant Registrar awarded damages for bereavement, funeral expenses, loss of dependency, and fertility treatment, but rejected the claim for post-traumatic shock.
- The plaintiffs and Zurich Insurance appealed against the Assistant Registrar’s decision.
- The plaintiffs attempted fertility treatment after the death of their sons.
5. Formal Citations
- Man Mohan Singh s/o Jothirambal Singh and Another v Dilveer Singh Gill s/o Shokdarchan Singh and Another, Suit 137/2004, RA 126/2007, 127/2007, [2007] SGHC 149
6. Timeline
| Date | Event |
|---|---|
| Plaintiffs' children killed in a road accident. | |
| Plaintiffs referred to Dr Angelina Chan for grief therapy. | |
| Mdm Jasbir consulted a doctor at the National University Hospital and attempted intra-uterine insemination. | |
| Mdm Jasbir had IVF treatment, using her own ovarian eggs. | |
| Mdm Jasbir went through another IVF procedure, this time with ovarian eggs donated by her sister. | |
| Judgment delivered. |
7. Legal Issues
- Measure of Damages
- Outcome: The court addressed the appropriate measure of damages for loss of dependency and the cost of fertility treatment.
- Category: Substantive
- Nervous Shock
- Outcome: The court disallowed the claim for nervous shock, finding that the plaintiffs did not meet the requirement of suffering a recognizable psychiatric illness.
- Category: Substantive
- Related Cases:
- [1983] 1 AC 410
- Loss of Dependency
- Outcome: The court upheld the award for loss of dependency, finding that the parents had a reasonable expectation of pecuniary benefit from their deceased children.
- Category: Substantive
- Remoteness of Damage
- Outcome: The court disallowed the claim for the cost of fertility treatment, holding that it was too remote a consequence of the negligence.
- Category: Substantive
8. Remedies Sought
- Damages
- Bereavement
- Funeral Expenses
- Loss of Dependency
- Post-Traumatic Shock
- Cost of Fertility Treatment
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Insurance Law
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Man Mohan Singh s/o Jothirambal Singh and anor v Dilveer Singh Gill s/o Shokdarchan Singh and anor | High Court | Yes | [2007] SGHC 73 | Singapore | Refers to the Assistant Registrar's decision being appealed. |
| McLoughlin v O’Brian and others | House of Lords | Yes | [1983] 1 AC 410 | England and Wales | Cited for the principles regarding claims for nervous shock, specifically the elements of proximity and means by which the shock is caused. |
| Alcock v Chief Constable of South Yorkshire | House of Lords | Yes | [1992] 1 AC 310 | England and Wales | Cited to contrast the proximity requirement in nervous shock claims, specifically regarding relatives identifying bodies in a mortuary. |
| Hevican v Ruane | N/A | Yes | [1991] 3 All ER 65 | N/A | Cited as an example of a case where damages for nervous shock were awarded, but noted as being open to serious doubt by the court. |
| Galli-Atkinson v Seghal | English Court of Appeal | Yes | [2003] EWCA Civ 697 | England and Wales | Cited for its less restrictive approach to the aftermath doctrine in nervous shock claims. |
| Barnett v Cohen | N/A | Yes | [1921] 2 KB 461 | N/A | Cited regarding dependency claims for young children and the requirement to prove actual or prospective loss. |
| Taff Vale Railway Co v Jenkins | House of Lords | Yes | [1913] AC 1 | England and Wales | Cited for the principle that a reasonable expectation of pecuniary benefit is sufficient for a dependency claim. |
| Ho Yeow Kim v Lai Hai Kuen & Anor | Court of Appeal | Yes | [1999] 2 SLR 246 | Singapore | Cited for the apportionment of salary in a dependency claim involving an ITE student. |
| Tan Ngo Hwa & Anor v Siew Mun Phui | High Court | Yes | [1998] SGHC 376 | Singapore | Cited for the assessment of dependency claims for deceased children. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, 1999 Rev Ed), s 21 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Nervous Shock
- Loss of Dependency
- Fertility Treatment
- Remoteness of Damage
- Road Accident
- Multiplicand
- Multiplier
15.2 Keywords
- negligence
- damages
- nervous shock
- loss of dependency
- fertility treatment
- road accident
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Damages | 80 |
| Personal Injury | 75 |
| Automobile Accidents | 60 |
| Wrongful Death | 50 |
| Nervous Shock | 45 |
| Insurance | 40 |
| Fertility treatment | 35 |
| Family Law | 30 |
| Contract Law | 20 |
16. Subjects
- Tort Law
- Negligence
- Damages
- Insurance Law