Lau Keuk Ling v Chan Chun Sheng: Damages Assessment for Personal Injuries
In Suit No 853 of 2018, Lau Keuk Ling William Ignatius sued Chan Chun Sheng Gary in the General Division of the High Court of Singapore, arising from a car accident on 14 February 2017. Interlocutory judgment was granted in favor of Lau Keuk Ling on 11 July 2019, with damages to be assessed. The court, presided over by Senior Judge Lai Siu Chiu, assessed damages and awarded Lau Keuk Ling $242,578.64, significantly less than the claimed $3,313,294.04. The claim was for personal injuries sustained in the accident.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Plaintiff; damages awarded in the amount of $242,578.64
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for personal injuries sustained in a car accident. The court awarded $242,578.64, significantly less than the claimed $3,313,294.04.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Lau Keuk Ling William Ignatius | Plaintiff | Individual | Judgment for Plaintiff | Won | |
Chan Chun Sheng Gary | Defendant | Individual | Claim partially successful | Lost | |
NTUC Income Cooperative Limited | Other | Corporation | Claim partially successful | Lost |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was driving his car when the defendant collided into the rear of his car.
- The plaintiff sustained injuries to his neck and head, including a right frontal subarachnoid haemorrhage.
- The plaintiff was diagnosed with post-concussion syndrome resulting in mild cognitive impairment.
- The plaintiff consulted multiple medical specialists and was prescribed various painkilling medications.
- The plaintiff was a Grab driver at the time of the accident and continued to work as a Grab driver after the accident.
- The plaintiff's taxi driver's vocational license expired and was not renewed.
- The plaintiff claimed a total of $3,313,294.04 in general and special damages.
5. Formal Citations
- Lau Keuk Ling William Ignatius v Chan Chun Sheng Gary, Suit No 853 of 2018, [2021] SGHC 184
6. Timeline
Date | Event |
---|---|
Road accident occurred | |
NTUC Income repudiated liability under the defendant’s insurance policy | |
NTUC Income joined the suit as interveners | |
Interlocutory judgment based on 100% liability against the defendant was granted in his favour | |
Assessment for damages hearing began | |
Assessment for damages hearing concluded | |
Judgment reserved |
7. Legal Issues
- Assessment of Damages for Personal Injuries
- Outcome: The court assessed damages for pain and suffering, traumatic brain injury, psychiatric conditions, loss of earning capacity, and future medical expenses, awarding a total of $242,578.64.
- Category: Substantive
- Sub-Issues:
- Pain and Suffering
- Traumatic Brain Injury
- Psychiatric Conditions
- Loss of Earning Capacity
- Future Medical Expenses
- Pre-Trial Loss of Earnings
- Outcome: The court awarded $13,020 for pre-trial loss of earnings based on the plaintiff's income as a Grab driver.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court awarded $50,000 for loss of future earnings, considering the plaintiff's age and employment history.
- Category: Substantive
- Causation of Psychiatric Conditions
- Outcome: The court found that the plaintiff suffered from major depressive disorder (MDD) but not treatment-resistant depression (TRD), and awarded $45,000 for psychiatric conditions.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Transportation
- Insurance
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Lua Bee Kiang (administrator of the estate of Chew Kong Seng, deceased) v Yeo Chee Siong | Court of Appeal | Yes | [2019] 1 SLR 145 | Singapore | Cited regarding factors to be considered in determining the multiplier to be applied when assessing damages for loss of earnings. |
Quek Yen Fei Kenneth v Yeo Chye Huat | N/A | Yes | [2016] 3 SLR 1106 | Singapore | Cited as a case example, but the court found that the findings therein were specific to the facts in that case. |
Quek Yen Fei Kenneth (by his litigation representative Pang Choy Chun) v Yeo Chye Huat and another appeal | N/A | Yes | [2017] 2 SLR 229 | Singapore | Cited as a case example, but the court found that the findings therein were specific to the facts in that case. |
Zaiton Bee Bee bte Abdul Majeed v Chan Poh Teong | N/A | Yes | [2010] 3 SLR 697 | Singapore | Cited as a case example, but the court found that the findings therein were specific to the facts in that case. |
Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the principle that an award for loss of future earnings compensates a victim for a real and assessable drop in income as provable through evidence consequent to injuries and disabilities suffered. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Motor Vehicles (Third-Party Risks and Compensation) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Post-concussion syndrome
- Mild traumatic brain injury
- Whiplash injury
- Loss of earning capacity
- Future medical expenses
- Grab driver
- Pharmacotherapy
- Repetitive Transcranial Magnetic Stimulation
- Major Depressive Disorder
- Treatment Resistant Depression
15.2 Keywords
- Personal injury
- Damages assessment
- Car accident
- Negligence
- Singapore
- High Court
- Medical expenses
- Loss of earnings
17. Areas of Law
Area Name | Relevance Score |
---|---|
Personal Injury | 90 |
Measure of Damages | 90 |
Damages Assessment | 90 |
Automobile Accidents | 70 |
Road Traffic Accidents | 60 |
Civil Litigation | 50 |
Civil Practice | 50 |
16. Subjects
- Personal Injury
- Damages
- Motor Vehicle Accident