Zhang Xiao Ling v Er Swee Poo: Dependency Claim for Fatal Accident
In Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and NTUC Income Insurance Co-operative Ltd, the High Court of Singapore heard a dependency claim by the plaintiff, the widow of Chan Tak Man, who died in an accident. The plaintiff claimed against the defendant, Er Swee Poo, for loss of support for herself and her four children. The court awarded a total of $332,942 in damages, including bereavement, funeral expenses, and loss of dependency.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Damages awarded to the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dependency claim by widow of deceased killed in accident. High Court assessed damages for loss of support, bereavement, and funeral expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| NTUC Income Insurance Co-operative Ltd | Co-Defendant | Corporation | Judgment against Co-Defendant | Lost | |
| Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) | Plaintiff | Individual | Damages Awarded | Won | |
| Er Swee Poo | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Amy Tung Chew Ming | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Abdul Salim A Ibrahim | Assomull and Partners |
| Andrew J Hanam | PK Wong and Advani |
4. Facts
- The deceased was killed in an accident when a lorry collided with his bicycle.
- The deceased was 32 years old at the time of his death.
- The deceased was working two jobs to support his family.
- The plaintiff is the widow of the deceased and has four children.
- The plaintiff made a dependency claim on behalf of herself and her children.
- The deceased sent money to his parents in Hong Kong.
- The deceased was frugal and family-oriented.
5. Formal Citations
- Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another, Suit 1052/2000, NA 86/2003, [2004] SGHC 21
6. Timeline
| Date | Event |
|---|---|
| Accident occurred; deceased killed by lorry. | |
| Suit filed (Suit 1052/2000). | |
| Judgment in default of appearance entered against the defendant. | |
| Application filed (NA 86/2003). | |
| Judgment issued. |
7. Legal Issues
- Assessment of Damages for Loss of Dependency
- Outcome: The court determined the multiplicand based on the deceased's earnings from two jobs, deducted expenses, and apportioned the remaining amount among the dependents. The court also determined appropriate multipliers for the plaintiff and each child.
- Category: Substantive
- Sub-Issues:
- Calculation of multiplicand
- Determination of multiplier
- Apportionment of deceased's income
- Consideration of future earnings and increments
- Related Cases:
- [1999] 1 SLR 154
- Bereavement Damages
- Outcome: The court awarded $10,000 for bereavement as provided by the Civil Law Act.
- Category: Substantive
8. Remedies Sought
- Damages for loss of support
- Special damages
- Bereavement damages
- Funeral expenses
9. Cause of Actions
- Negligence
- Dependency Claim
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gul Chandiram Mahtani v Chain Singh | High Court | Yes | [1999] 1 SLR 154 | Singapore | Cited for the method of assessing loss of dependency. |
| Lim Fook Lau & Anor v Kepdrill International Incorporated SA & Ors | Unknown | Yes | [1993] 1 SLR 917 | Singapore | Cited regarding the multiplier for loss of dependency, but not followed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of dependency
- Multiplicand
- Multiplier
- Dependency claim
- Bereavement
- CPF contributions
- Apportionment
- Disposable income
15.2 Keywords
- accident
- death
- dependency
- damages
- loss of support
- bereavement
- funeral expenses
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Wrongful Death | 90 |
| Measure of Damages | 80 |
| Dependency Claim | 75 |
| Personal Injury | 70 |
| Automobile Accidents | 60 |
| Family Law | 50 |
| Maintenance | 40 |
| Contract Law | 30 |
16. Subjects
- Personal Injury
- Fatal Accidents
- Damages Assessment
- Family Law