Choong Peng Kong v Koh Hong Son: Damages for Personal Injuries & Loss of Future Earnings

In Choong Peng Kong v Koh Hong Son, the High Court of Singapore heard appeals from both the plaintiff, Choong Peng Kong, and the defendant, Koh Hong Son, regarding the Assistant Registrar's assessment of damages following a traffic collision where the defendant was found 95% responsible. The plaintiff sought higher damages for pre-trial loss and future earnings, while the defendant sought a lower assessment. The court, presided over by Justice Lai Kew Chai, dismissed both appeals, finding that there was ample evidence to support the Assistant Registrar's original findings regarding pre-trial loss, loss of future earnings, and loss of earning capacity. The court ordered the claimant to pay costs of $2,500 to the defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages assessment for personal injuries. The court dismissed both appeals, upholding the Assistant Registrar's assessment of pre-trial loss, future earnings, and earning capacity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Choong Peng KongPlaintiff, AppellantIndividualAppeal DismissedLost
Koh Hong SonDefendant, RespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJudgeYes

4. Counsels

Counsel NameOrganization
Lalita ChelliahRayney Wong & Eric Ng
Robert Leslie GregoryWilliam Chai & Rama
M RamasamyWilliam Chai & Rama

4. Facts

  1. The defendant admitted 95% responsibility for a traffic collision with the plaintiff.
  2. The plaintiff sustained crushed injury to his right hand.
  3. The plaintiff was hospitalized on 25 February 2000 after the traffic accident.
  4. The plaintiff was a Senior Associate Engineer at ST Assembly Test Services Ltd.
  5. The plaintiff's promotional prospects were blighted because of his injured right hand.
  6. The plaintiff was unable to work in the technical department and was reduced to administrative duties.
  7. The plaintiff lost overtime pay and CPF contributions due to the injury.

5. Formal Citations

  1. Choong Peng Kong v Koh Hong Son, Suit 142/2002, RA 317/2002, 323/2002, [2003] SGHC 136

6. Timeline

DateEvent
Claimant hospitalized after traffic accident
Claimant on medical leave
Claimant returns from medical leave
Claimant receives overtime pay
Claimant receives increment
Fractures united but stiffness and restriction of movements remained
Defendant filed Notice of Appeal
Appeals dismissed

7. Legal Issues

  1. Measure of Damages for Personal Injuries
    • Outcome: The court upheld the Assistant Registrar's assessment of damages, including pre-trial loss, loss of future earnings, and loss of earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Loss of future earnings
      • Loss of earning capacity
      • Pre-trial loss of earnings

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Samsudin bin Amir v Mui Siew KongUnknownYesSamsudin bin Amir v Mui Siew Kong 1990 Mallal’s Dist para 520SingaporeCited by the claimant's counsel in relation to the injury to his right hand.
Mukhitar Singh v Balwint Daljit SinghHigh CourtYesMukhitar Singh v Balwint Daljit Singh [1993] 3SLR 741SingaporeCited by the claimant's counsel in relation to the injury to his right hand.
Teo Sing Keng v Sim Ban KiatUnknownYesTeo Sing Keng v Sim Ban Kiat [1994] 1 SLR 634SingaporeCited regarding the award for loss of earning capacity in the competitive labour market.
Wee Sia Tian v Long Thik BoonUnknownYesWee Sia Tian v Long Thik Boon [1996] 3 SLR 513SingaporeCited regarding the award for loss of earning capacity in the competitive labour market.
Neo Kim Seng v Clough Petrosea Pte LtdUnknownYesNeo Kim Seng v Clough Petrosea Pte Ltd [1996] 3 SLR 522SingaporeCited regarding the award for loss of earning capacity in the competitive labour market.

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

  • Loss of future earnings
  • Loss of earning capacity
  • Pre-trial loss
  • Personal injuries
  • Traffic collision
  • Damages assessment

15.2 Keywords

  • personal injury
  • damages
  • loss of earnings
  • traffic accident
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Personal Injury95
Traffic Collision80
Loss of future earnings75
Automobile Accidents70
Loss of Earning Capacity70
Damages Assessment60
Causation30
Evidence25

16. Subjects

  • Civil Litigation
  • Personal Injury
  • Damages