Cheong Ghim Fah v Murugian: Negligence, Contributory Negligence & Highway Code Breach in Pedestrian Road Accident
In Cheong Ghim Fah and Another v Murugian s/o Rangasamy, the High Court of Singapore addressed a negligence claim arising from a road accident. The plaintiffs, Cheong Ghim Fah and Goh Jak Fong, sued Murugian s/o Rangasamy for the death of Superintendent Leong Wai Mun, who was hit by Murugian's motorcycle while jogging. The court, presided over by Justice V K Rajah, found Murugian primarily liable for negligence but also held the deceased contributorily negligent for breaching the Highway Code. The court apportioned liability 85% to the defendant and 15% to the deceased, granting judgment for the plaintiffs with damages to be assessed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiffs, with liability apportioned 85% to the defendant and 15% to the deceased.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case: Motorcyclist Murugian collided with jogger Cheong Ghim Fah. Court found Murugian primarily liable for negligence, but also found Cheong contributorily negligent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheong Ghim Fah | Plaintiff | Individual | Judgment for Plaintiff | Partial | |
| Goh Jak Fong @ Goh Jit Fong | Plaintiff | Individual | Judgment for Plaintiff | Partial | |
| Murugian s/o Rangasamy | Defendant | Individual | Judgment Against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chia Boon Teck | Chia Yeo Partnership |
| Roy Yeo | Chia Yeo Partnership |
| Vijay Kumar Rai | V K Rai and Partners |
4. Facts
- The deceased was jogging along Lower Delta Road at approximately 6:10 AM when he was hit by the defendant's motorcycle.
- The deceased was jogging on the side of the road, near the junction of Bukit Purmei Road.
- The deceased was wearing white jogging attire.
- The defendant was riding a motorcycle bearing Malaysian registration number PEH 2791.
- The defendant stated in a police report that the deceased suddenly ran across the road.
- The accident occurred on a dual carriageway with two lanes on each side.
- The deceased had been jogging the same route for 23 years.
5. Formal Citations
- Cheong Ghim Fah and Another v Murugian s/o Rangasamy, Suit 493/2002, [2004] SGHC 19
6. Timeline
| Date | Event |
|---|---|
| Accident occurred: Deceased was hit by the defendant's motorcycle | |
| Defendant made a police traffic accident report | |
| Plaintiffs commenced proceedings against the defendant | |
| Notice to Aetna Universal Insurance Sdn Bhd sent by registered post | |
| Interlocutory judgment entered against the defendant | |
| Murali B Pillai and Associates claimed they acted for ING Insurance Bhd | |
| Murali B Pillai and Associates asked for relevant documents | |
| Plaintiffs' solicitors dispatched documents to Murali B Pillai and Associates | |
| Murali B Pillai and Associates stated that the requisite notice had not been given | |
| Judgment reserved |
7. Legal Issues
- Negligence
- Outcome: The court found the defendant negligent for failing to keep a proper lookout and driving at an excessive speed.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Speeding
- Breach of duty of care to pedestrian
- Contributory Negligence
- Outcome: The court found the deceased contributorily negligent for jogging on the road with his back to traffic and failing to use the available pavement.
- Category: Substantive
- Sub-Issues:
- Failure to take reasonable care for one's own safety
- Breach of Highway Code
- Adverse Inference
- Outcome: The court drew an adverse inference against the defendant for absenting himself from the proceedings.
- Category: Procedural
- Sub-Issues:
- Failure to give evidence
- Conscious decision not to participate in proceedings
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Scott v London and St Katherine Docks Co | N/A | Yes | (1865) 3 H & C 596 | N/A | Cited for the principle of res ipsa loquitur, where the accident implies negligence in the absence of explanation. |
| Jones v Great Western Railway Co | N/A | Yes | (1930) 47 TLR 39 | N/A | Cited for the principle that the cause of an unseen event can be reasonably inferred. |
| Chapman v Copeland | N/A | Yes | (1966) 110 SJ 569 | N/A | Cited regarding adverse inference when a defendant chooses not to give evidence in a road accident case. |
| R v Inland Revenue Commissioners, Ex parte T C Coombs & Co | N/A | Yes | [1991] 2 AC 283 | N/A | Cited for the principle that an adverse inference can be tempered if there is a credible explanation for the failure to adduce material evidence. |
| Wisniewski v Central Manchester Health Authority | N/A | Yes | [1998] 5 PIQR P324 | N/A | Cited for the principles to be considered in drawing adverse inferences from the absence of a witness. |
| Tart v G W Chitty and Company, Limited | N/A | Yes | [1933] 2 KB 453 | N/A | Cited for the duty of a driver to anticipate people or animals in the road and drive at a speed that allows them to stop in time. |
| Powell v Phillips | English Court of Appeal | No | [1972] 3 All ER 864 | England | Cited regarding the limited effect of a contravention of the Highway Code and that a breach creates no presumption of negligence. |
| Parkinson v Parkinson | N/A | No | [1973] RTR 193 | N/A | Cited as part of a trilogy of decisions examining the co-relationship between the Highway Code and risk apportionment. |
| Kerley v Downes | N/A | No | [1973] RTR 188 | N/A | Cited as part of a trilogy of decisions examining the co-relationship between the Highway Code and risk apportionment. |
| Nance v British Columbia Electric Railway Co, Ltd | N/A | Yes | [1951] 2 All ER 448 | N/A | Cited regarding the principle of contributory negligence, where a person does not take reasonable care of themselves. |
| Loh Saik Pew v Tan Huat Chan | N/A | Yes | [1975–1977] SLR 189 | Singapore | Cited with approval of Nance v British Columbia Electric Railway Co, Ltd regarding the principle of contributory negligence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Contributory and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
| Road Traffic Act (Cap 276, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Contributory negligence
- Highway Code
- Duty of care
- Res ipsa loquitur
- Adverse inference
- Apportionment of liability
- Lookout
- Speeding
- Traffic accident
15.2 Keywords
- negligence
- contributory negligence
- road accident
- pedestrian
- motorcycle
- highway code
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 95 |
| Torts | 90 |
| Personal Injury | 80 |
| Automobile Accidents | 75 |
| Traffic Accident Law | 70 |
| Evidence | 50 |
| Civil Procedure | 30 |
16. Subjects
- Tort Law
- Personal Injury Law
- Road Accidents