Mohamed Iskandar v Tan Seng Poh: Negligence, Motor Vehicle Accident, Apportionment of Liability

In Mohamed Iskandar bin Jumari v Tan Seng Poh, the High Court of Singapore addressed a claim for damages arising from a motor vehicle accident. The plaintiff, Mohamed Iskandar bin Jumari, sought damages from the defendant, Tan Seng Poh, following a collision between the plaintiff's motorcycle and the defendant's car. The court, presided over by Justice Judith Prakash, found the plaintiff primarily responsible for the accident but apportioned 10% liability to the defendant for failing to maintain a proper lookout. The plaintiff's claim was therefore partially successful.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Defendant with 10% liability apportioned to the Defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving a motorcycle-car collision. The court found the defendant 10% liable for negligence despite the plaintiff's primary fault.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Mohamed Iskandar bin JumariPlaintiffIndividualPartial LossPartial
Tan Seng PohDefendantIndividualPartial LossPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Benedict ChanBenedict Chan & Co
Tan KY Won TerenceRodyk & Davidson LLC
Liu Simin SharonRodyk & Davidson LLC

4. Facts

  1. Plaintiff was riding his motorcycle on Depot Road.
  2. Defendant was driving his car on Depot Road.
  3. A collision occurred between the plaintiff's motorcycle and the defendant's car.
  4. The plaintiff's right leg was badly injured and later amputated.
  5. The plaintiff and defendant gave conflicting accounts of the accident.
  6. The accident occurred shortly after 10:00 am.

5. Formal Citations

  1. Mohamed Iskandar bin Jumari v Tan Seng Poh, Suit 133/2007, [2008] SGHC 71

6. Timeline

DateEvent
Motorcycle and car collision occurred.
Plaintiff made a police report.
Plaintiff's expert visited the accident site.
Judgment delivered.

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant partially negligent for failing to keep a proper lookout.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Apportionment of liability
  2. Credibility of Evidence
    • Outcome: The court found the plaintiff's account of the events leading to the accident to be not credible.
    • Category: Procedural
    • Sub-Issues:
      • Inconsistencies in testimony
      • Reliability of witness accounts

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Motor Accident Claims

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Motorcycle accident
  • Apportionment of liability
  • Credibility of witness
  • Expert evidence
  • Physical evidence
  • Police report
  • Traffic accident report

15.2 Keywords

  • motorcycle accident
  • car accident
  • negligence
  • Singapore
  • High Court
  • personal injury
  • apportionment of liability

17. Areas of Law

Area NameRelevance Score
Automobile Accidents75
Personal Injury70
Negligence65
Civil Litigation50
Civil Procedure40
Evidence30

16. Subjects

  • Motor Vehicle Accident
  • Negligence
  • Civil Litigation