Tan Kok Lam v Hong Choon Peng: Damages for Loss of Amenities for Unconscious Plaintiff in Negligence Claim
In Tan Kok Lam (next friend to Teng Eng) v Hong Choon Peng, the Court of Appeal of Singapore heard an appeal regarding the assessment of damages for loss of amenities for Teng Eng, who was rendered unconscious due to the respondent Hong Choon Peng's negligence. The court restored the assistant registrar's award of $80,000, holding that unconsciousness does not preclude a substantial award for loss of amenities, distinct from pain and suffering. The court allowed the appeal.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that an unconscious plaintiff is entitled to substantial damages for loss of amenities due to negligence, separate from pain and suffering.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Kok Lam (next friend to Teng Eng) | Appellant | Individual | Appeal allowed | Won | |
| Hong Choon Peng | Respondent | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| L P Thean | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
4. Facts
- Teng Eng was knocked down by a motorcycle driven by Hong Choon Peng on 24 September 1996.
- Teng Eng suffered a left frontal brain contusion with fronto-tempero-parietal acute subdural haematoma.
- Teng Eng underwent a craniectomy and evacuation of the acute subdural haematoma.
- Teng Eng was not able to respond to visual and verbal stimulation but could respond to pain, but was not aware of it.
- Teng Eng was found to be in a persistent vegetative state.
- Interlocutory judgment was entered against Hong for 50% of the damages to be assessed.
5. Formal Citations
- Tan Kok Lam (next friend to Teng Eng) v Hong Choon Peng, CA 83/2000, [2001] SGCA 27
6. Timeline
| Date | Event |
|---|---|
| Teng Eng knocked down by motorcycle driven by Hong Choon Peng | |
| Appeal heard | |
| Judgment delivered |
7. Legal Issues
- Damages for Loss of Amenities
- Outcome: The court held that unconsciousness does not preclude a substantial award for loss of amenities.
- Category: Substantive
- Sub-Issues:
- Unconsciousness of plaintiff
- Separation of pain and suffering from loss of amenities
- Related Cases:
- [1962] 1 QB 638
- [1964] AC 326
8. Remedies Sought
- Damages
- Compensation
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wise v Kaye | Court of Appeal | Yes | [1962] 1 QB 638 | England and Wales | Cited as a leading case where it was held that a victim in a persistent vegetative state is entitled to claim substantial damages for loss of amenities. |
| H West & Son v Shephard | House of Lords | Yes | [1964] AC 326 | England and Wales | Cited as a leading case where it was held that a victim in a persistent vegetative state is entitled to claim substantial damages for loss of amenities. |
| Benham v Gambling | House of Lords | Yes | [1941] AC 157 | England and Wales | Distinguished as being concerned with an action on behalf of a dead child's estate for loss of years of life, and not applicable to a living plaintiff's claim for loss of amenities. |
| McGrath Trailer Equipment v Smith | Supreme Court of Victoria | Yes | [1956] VLR 738 | Australia | Relied upon to support the conclusion that the fact that the plaintiff was ignorant of the grave loss was irrelevant because the injury to her has been done; the damage has been suffered. |
| Skelton v Collins | High Court of Australia | Yes | [1965] 105 CLR 94 | Australia | Cited as a case where the Australian High Court departed from the majority decision in West v Shephard and ruled that regard must be had to the fact that the plaintiff was insensible of his deprivation. |
| Lim Poh Choo v Camden & Islington Area Health Authority | House of Lords | Yes | [1980] AC 174 | England and Wales | Cited to reiterate the majority decision in West v Shephard. |
| Au Yeong Wing Loong v Chew Hai Ban | High Court | Yes | [1993] 3 SLR 355 | Singapore | Cited for the comment that pain and suffering and loss of amenities are usually quantified together and a single award is usually made without indicating how much is awarded under each head, partly because it is difficult to separate them. |
| Lai Wee Lian v Singapore Bus Service (1978) | Privy Council | Yes | [1984-1985] SLR 10 | Singapore | Cited as a local case where the two claims were given separate awards and the Privy Council did not make any adverse comment that this was wrong. |
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
- Pain and suffering
- Persistent vegetative state
- Unconsciousness
- Negligence
- Damages
15.2 Keywords
- Loss of Amenities
- Unconscious Plaintiff
- Negligence
- Damages
- Singapore Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Damages | 95 |
| Negligence | 90 |
| Personal Injury | 90 |
| Loss of Amenities | 80 |
| Pain and Suffering | 70 |
| Civil Procedure | 40 |
16. Subjects
- Tort Law
- Personal Injury Law
- Damages Assessment