Ng Ah Lek v The Personal Representatives of Low Keng Suang: Assessment of Damages for Motor Vehicle Accident Injuries

In the case of Ng Ah Lek v The Personal Representatives of Low Keng Suang, the High Court of Singapore assessed damages payable to Ng Ah Lek, who sustained severe injuries in a motor vehicle accident that resulted in the death of her husband. Ng sued her husband’s estate. The court awarded damages for pain and suffering, future medical expenses, loss of earning capacity, future salary for a maid, and special damages, totaling $269,162.11. The assessment was made on 23 December 2003.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Damages assessed for the plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for Ng Ah Lek's injuries sustained in a motor vehicle accident, including pain and suffering, medical expenses, and loss of earning capacity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Ah LekPlaintiffIndividualDamages AssessedWon
The Personal Representatives of Low Keng Suang @ Low Tai Kheng, deceasedDefendantOtherDamages Assessed AgainstLost

3. Judges

Judge NameTitleDelivered Judgment
Joyce Low Wei LinAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Jason TohHo, Wong & Partners
RameshJust Law LLC
NagarajahJust Law LLC

4. Facts

  1. Ng was a pillion rider on a motorcycle driven by her husband.
  2. The motorcycle skidded and crashed into a road divider.
  3. Ng's husband died instantly in the accident.
  4. Ng sustained severe injuries, including a fractured vertebrae and humerus.
  5. Ng sued her husband's estate for losses suffered.
  6. Ng obtained interlocutory judgment for 100% of damages to be assessed.
  7. Ng helped her late husband run their egg stall business.

5. Formal Citations

  1. Ng Ah Lek v The Personal Representatives of Low Keng Suang @ Low Tai Kheng, deceased, Suit 1451/2001, [2003] SGHC 310

6. Timeline

DateEvent
Motorcycle accident occurred, resulting in death of Low Keng Suang and injuries to Ng Ah Lek.
Lawsuit filed (Suit 1451/2001).
Judgment issued.

7. Legal Issues

  1. Assessment of Damages for Pain and Suffering
    • Outcome: The court awarded $105,000 for pain and suffering, considering the plaintiff's injuries and reduced life expectancy.
    • Category: Substantive
    • Sub-Issues:
      • Lower limb weakness and paralysis
      • Fractured humerus
      • Chest inflammation
      • Haemothorax
      • Facial swelling
      • Infection of back wound
      • Aggravation of osteoarthritis
      • Depression
    • Related Cases:
      • [1984] 2 MLJ xxix
      • Suit No. 470 of 1996
      • DC Suit No 2739 of 1994
      • DC Suit No. 4926 of 1997
      • DC Suit No. 4293 of 1998
      • HC Suit No 1685 of 1989
  2. Assessment of Damages for Future Medical Expenses
    • Outcome: The court awarded $80,000 for future medical expenses, considering the potential for infections, falls, spasticity, skin complications, and pain.
    • Category: Substantive
  3. Assessment of Damages for Loss of Earning Capacity
    • Outcome: The court awarded $12,000 for loss of earning capacity, considering the plaintiff's inability to work due to her injuries.
    • Category: Substantive
    • Related Cases:
      • [1994] 1 SLR 634
  4. Assessment of Damages for Future Salary of Maid
    • Outcome: The court awarded $33,360 for future expenses related to employing a maid.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Au Kee Tuang v Lightweight Concrete Pte LtdUnknownYes[1984] 2 MLJ xxixMalaysiaCited for comparison in assessing damages for pain and suffering due to paralysis.
Ravi Rai & Anor v Wang Yuen ChowUnknownYesSuit No. 470 of 1996SingaporeCited for comparison in assessing damages for a fractured humerus.
Er Chong Kwi & Anor v Singapore Bus Services (1978) Ltd & AnorDistrict CourtYesDC Suit No 2739 of 1994SingaporeCited for comparison in assessing damages for a fractured humerus.
Jee Jia Gian v Low Chan ChinDistrict CourtYesDC Suit No. 2603 of 1997SingaporeCited by Ng’s counsel but disregarded as it related to a fractured wrist, not present in this case.
Hari Singh v Chua Kaw LeongDistrict CourtYesDC Suit No. 4031 of 1997SingaporeCited by Ng’s counsel but disregarded as it related to a fractured wrist, not present in this case.
Lim Ka Seng v Low Kim LengDistrict CourtYesDC Suit No. 3384 of 1997SingaporeCited by Ng’s counsel but disregarded as it related to a fractured wrist, not present in this case.
Sazali bin Nainabi v Ang See GheeDistrict CourtYesDC Suit No. 2210 of 1996SingaporeCited by Ng’s counsel but disregarded as it related to a fractured wrist, not present in this case.
Hasan bin Ismail v Singapore Bus Services (1978) Pte LtdDistrict CourtYesDC Suit No. 4926 of 1997SingaporeCited for comparison in assessing damages for pain and suffering due to osteoarthritis.
Koh Lu Kwang v Abdul Jalil bin Kader HusseinDistrict CourtYesDC Suit No. 4293 of 1998SingaporeCited for comparison in assessing damages for pain and suffering due to osteoarthritis.
Fauziyah bte Mansor v Abu Bakar bin HussinHigh CourtYesHC Suit No 1685 of 1989SingaporeCited for comparison in assessing damages for pain and suffering due to haemothorax and pneumothorax.
Teo Sing Keng v Sim Ban KiatCourt of AppealYes[1994] 1 SLR 634SingaporeCited for the principle that an award for loss of earning capacity is generally made where there is no evidence of the plaintiff’s earnings.

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

  • Pillion rider
  • Interlocutory judgment
  • General damages
  • Special damages
  • Loss of earning capacity
  • Multiplier
  • Government levy
  • Osteoarthritis
  • Haemothorax
  • Pneumo-mediastinum

15.2 Keywords

  • motorcycle accident
  • personal injury
  • damages
  • pain and suffering
  • loss of earning capacity
  • medical expenses

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Personal injuries cases85
Damages80
Assessment of Damages80
Measure of Damages75
Automobile Accidents70
Pain and Suffering70
Motor Vehicle Accidents70
Road Traffic Accident Law65
Road Traffic Accident Compensation60
Wrongful Death60
Road Traffic Law60
Motor accident60
Traffic Accident Law60
Motor Traffic Accident60
Road Accident60
Road Accident Law60
Motorcycle Accident Law60
Motor Accident Law60
Motor Vehicle Accident Law60
Road Traffic Accident Claim60
Fatal Accidents Act50
Loss of Earning Capacity50
Motor Vehicle Insurance50
Motor Vehicles (Third-Party Risks and Compensation) Act50
Loss of Earnings50
Loss of Dependency50
Medical Expenses50
Motor Vehicle Insurance Policy50
Loss of Amenities40
Provisional Damages40
Psychiatric Injury40
Pre-trial loss of earnings40
Insurance Policies40
Remoteness of Damages40
Rules in awarding Damages40
Funeral Expenses40
Child Witness40
Cervical Spinal Injury40
Clinical Depression40
Traffic Police Investigation40
Loss of Memory40
Head Injuries40
Loss of Rental40

16. Subjects

  • Personal Injury
  • Damages Assessment
  • Motor Vehicle Accident