Lee Theng Yiow v Ismail bin Muhamad: Claim for Damages Due to Fatal Accident

In Lee Theng Yiow v Ismail bin Muhamad, the High Court of Singapore heard a claim brought by Lee Theng Yiow on behalf of the estate of his deceased wife and their four children, against Ismail bin Muhamad, arising from a fatal accident. The court assessed claims for the deceased's pain and suffering, funeral expenses, loss of support, and other damages. The court awarded damages to the estate and the dependents, considering factors such as the deceased's potential future earnings and the value of her services as a homemaker.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff, with varying awards for the estate and dependents.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court heard a claim for damages arising from a fatal accident, assessing claims for the deceased's estate and dependents.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Theng YiowPlaintiffIndividualPartialPartial
Ismail bin MuhamadDefendantIndividualLostLost
ArthurPlaintiffIndividualPartialPartial
DionPlaintiffIndividualPartialPartial
CharlesPlaintiffIndividualPartialPartial
BiancaPlaintiffIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Ching SannAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Foo Soon YienUnknown
Chou TzuUnknown
Abdul Rashid GhaniUnknown

4. Facts

  1. The deceased was 39 years old at the time of the accident.
  2. The deceased was married to the Plaintiff and had four children.
  3. The deceased was unemployed at the time of her death, having previously worked at HDB.
  4. Interlocutory judgment was entered for the Plaintiff at 90% liability against the Defendant.
  5. The Plaintiff claimed for loss of pecuniary benefits and loss of the deceased's services.
  6. The Defendant contested the Plaintiff's quantification of the amounts claimed.
  7. The court found the amounts claimed by the Plaintiff to be grossly exaggerated.

5. Formal Citations

  1. Lee Theng Yiow v Ismail bin Muhamad, Suit 450/2003, [2003] SGHC 259

6. Timeline

DateEvent
Accident occurred
Interlocutory judgment entered for the Plaintiff at 90% liability against the Defendant
Judgment issued

7. Legal Issues

  1. Damages for Pain and Suffering
    • Outcome: The court assessed the claim for pain and suffering at $3,000.00.
    • Category: Substantive
  2. Funeral Expenses
    • Outcome: The court allowed the claim for funeral expenses of $20,041.01.
    • Category: Substantive
  3. Loss of Dependency
    • Outcome: The court assessed the dependency claim based on the deceased's potential future earnings and the value of her services as a homemaker.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Litigation

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
Civil Law ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Dependency claim
  • Estate claim
  • Loss of pecuniary benefits
  • Loss of services
  • Multiplier
  • Funeral expenses
  • Pain and suffering

15.2 Keywords

  • fatal accident
  • damages
  • dependency claim
  • estate claim
  • negligence

17. Areas of Law

Area NameRelevance Score
Wrongful Death90
Dependency Claims80
Measure of Damages70
Personal Injury60
Automobile Accidents50
Family Law30
Evidence20

16. Subjects

  • Personal Injury
  • Fatal Accidents
  • Damages Assessment