Tan Kok Lam v Hong Choon Peng: Loss of Amenities for Plaintiff in Persistent Vegetative State
In Tan Kok Lam, next friend of Teng Eng v Hong Choon Peng, the High Court of Singapore heard an appeal regarding the assessment of damages for personal injuries. The plaintiff, Teng Eng, suffered severe injuries and was in a persistent vegetative state after being hit by a motorcycle driven by the defendant, Hong Choon Peng. The court allowed the appeal, reducing the damages awarded for loss of amenities from $80,000 to $21,500, emphasizing that the plaintiff was unaware of the deprivation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages for loss of amenities for a plaintiff in a persistent vegetative state. The court reduced the award, emphasizing the plaintiff's lack of awareness.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hong Choon Peng | Defendant | Individual | Appeal Allowed | Lost | |
| Tan Kok Lam, next friend of Teng Eng, a patient in this action | Plaintiff | Individual | Appeal Allowed in Part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lim Teong Qwee | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Tiang Hock | Chor Pee & Partners |
| Kang Kim Yang | Joseph Tan Jude Benny |
4. Facts
- Plaintiff was knocked down by a motorcycle driven by the defendant on 24 September 1996.
- Plaintiff was 67 years old at the time of the accident.
- Plaintiff suffered severe head injuries, including a left frontal brain contusion and subdural hematoma.
- Plaintiff underwent a craniectomy and other surgical procedures.
- Plaintiff is in a persistent vegetative state and unable to respond to visual and verbal stimulation.
- Plaintiff's life expectancy has been reduced to two to five years.
- Assistant Registrar initially allowed $80,000 for loss of amenities.
5. Formal Citations
- Tan Kok Lam, next friend of Teng Eng, a patient in this action v Hong Choon Peng, Suit 1252/1999, RA 600115/2000, [2000] SGHC 201
6. Timeline
| Date | Event |
|---|---|
| Plaintiff knocked down by motorcycle | |
| Plaintiff admitted to Singapore General Hospital | |
| Medical report issued | |
| Plaintiff examined by medical expert | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages for Loss of Amenities
- Outcome: The court held that damages for loss of amenities should be moderate when the injured person is unaware of the loss, considering both objective and subjective elements.
- Category: Substantive
- Sub-Issues:
- Consideration of plaintiff's awareness of deprivation
- Objective vs. subjective elements in assessing loss of amenities
- Related Cases:
- [2000] SGHC 201
- [1964] AC 326
- [1962] 1 QB 638
- (1966) 115 CLR 94
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Low Yoke Ying & Anor v Sim Kok Lee & Ors | High Court | Yes | [1990] SLR 1258 | Singapore | Cited regarding damages for pain and suffering where the deceased was unconscious before death. |
| H West & Son Ltd & Anor v Shephard | House of Lords | Yes | [1964] AC 326 | England and Wales | Cited for the principle that damages should compensate for the wrongful act and its consequences, and for the distinction between damages for pain and suffering and loss of amenities. |
| Admiralty Commissioners v S.S. Susquehanna | House of Lords | Yes | [1926] AC 655 | England and Wales | Cited for the principle that damages should provide reparation for the wrongful act. |
| Wise v Kaye & Anor | Court of Appeal | Yes | [1962] 1 QB 638 | England and Wales | Cited regarding general damages for an unconscious plaintiff. |
| Lim Poh Choo v Camden and Islington Area Health Authority | House of Lords | Yes | [1980] AC 174 | England and Wales | Cited regarding the distinction between damages for pain and suffering and damages for loss of amenities. |
| Skelton v Collins | High Court of Australia | Yes | (1966) 115 CLR 94 | Australia | Cited regarding assessing damages for loss of amenities for a permanently unconscious plaintiff; not followed in this case. |
| Toon Chee Meng Eddie v Yeap Chin Hon | High Court | Yes | [1993] 2 SLR 536 | Singapore | Cited regarding damages for pain and suffering and loss of amenities for a brain-injured plaintiff. |
| Peh Diana & Anor v Tan Miang Lee | High Court | Yes | [1991] SLR 341 | Singapore | Cited regarding compensation for head injury and consequential disabilities. |
| Ahmad Daman Huri bin Hussein v Koo Chin Yau | Unknown | Yes | [1990] 3 MLJ 53 | Malaysia | Cited regarding loss of amenities. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of amenities
- Persistent vegetative state
- General damages
- Glasgow Coma Scale
- Objective element
- Subjective element
- Deprivation
- Craniectomy
- Subdural hematoma
15.2 Keywords
- personal injury
- loss of amenities
- vegetative state
- damages
- negligence
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Loss of Amenities | 95 |
| Personal Injury | 90 |
| Damages | 85 |
| Negligence | 70 |
| Automobile Accidents | 60 |
| Measure of Damages | 50 |
| Persistent Vegetative State | 40 |
| Evidence | 30 |
16. Subjects
- Personal Injury
- Damages
- Medical Negligence