Ang Kuang Hoe v Chia Chor Yew: Personal Injury Claim for Damages Following Traffic Accident
In Ang Kuang Hoe v Chia Chor Yew, the High Court of Singapore heard a claim by Ang Kuang Hoe, an engineering student, against Chia Chor Yew for damages resulting from a traffic accident. The court, presided over by Assistant Registrar Vincent Leow, assessed damages for pain and suffering, loss of earning capacity, pre-trial loss of earnings, costs of future surgery, and special damages. The court awarded a total of $78,261.25 and RM 75 to the plaintiff, subject to a 50% reduction due to the plaintiff's contributory negligence as determined in the initial trial.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff for 50% of the assessed damages.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Engineering student Ang Kuang Hoe sued Chia Chor Yew for damages after a traffic accident. The court assessed damages for pain and suffering, loss of earnings, and special damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ang Kuang Hoe | Plaintiff | Individual | Judgment for Plaintiff | Partial | |
| Chia Chor Yew | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Leow | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Teck Huat | Niru and Co |
| D Vivekananda | Niru and Co |
| P E Ashokan | Khattar Wong and Partners |
4. Facts
- The plaintiff was knocked down by a car driven by the defendant while crossing the road.
- The plaintiff suffered closed bilateral fractures of the left and right tibia and the right fibula.
- The plaintiff suffered a fracture of the humerus with radial nerve palsy.
- The plaintiff had a shortening of his left leg by 0.2cm.
- The plaintiff suffered from a large number of scars, including a scar with keloid formation.
- The plaintiff claimed for loss of earnings due to graduating six months later.
- The plaintiff claimed for costs of future surgery.
5. Formal Citations
- Ang Kuang Hoe v Chia Chor Yew, Suit 549/2003, NA 26/2004, [2004] SGHC 229
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed (Suit 549/2003) | |
| Evidence presented by Dr. Pillay | |
| Evidence presented by Dr. Lee | |
| Plaintiff's affidavit affirmed | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages
- Outcome: The court made awards for pain and suffering, loss of earning capacity, pre-trial loss of earnings, costs of future surgery, and special damages.
- Category: Substantive
- Sub-Issues:
- Pain and suffering
- Loss of earning capacity
- Pre-trial loss of earnings
- Costs of future surgery
- Special damages
- Causation of Knee Laxity
- Outcome: The court held that the plaintiff had not met his burden of proof in showing that the knee laxity was caused by the accident.
- Category: Substantive
- Loss of Consciousness
- Outcome: The court found that it was not shown that the plaintiff had lost consciousness.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court did not allow the claim for loss of future earnings as it was not pleaded and there was insufficient data.
- Category: Substantive
- Special Damages
- Outcome: The court disallowed two items claimed as special damages due to lack of proof and necessity.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Suresh Kumari a/l Munusamy v Tan Sai Guay | District Court | Yes | Suresh Kumari a/l Munusamy v Tan Sai Guay (DC Suit No 1270 of 1997) | Singapore | Cited for comparison regarding the award for lower limb injuries, specifically fractures of the tibia and fibula. |
| Kok Kim Kim v Loh Thiam Sam | High Court | Yes | Kok Kim Kim v Loh Thiam Sam and others (Suit No 60034 of 1997) | Singapore | Cited for comparison regarding the award for an open fracture of the tibia and fibula resulting in leg shortening and other residual problems. |
| Siva Subramaniam a/l Kanapathy v Keng Ho Trading & Transport | High Court | Yes | Siva Subramaniam a/l Kanapathy v Keng Ho Trading & Transport and another (Suit No 437 of 1997) | Singapore | Cited for comparison regarding the award for a fractured humerus resulting in the plaintiff being unable to carry heavy loads. |
| Koh Lu Kuang v Abdul Jalil Kader Hussien | District Court | Yes | Koh Lu Kuang v Abdul Jalil Kader Hussien (DC Suit No 4293 of 1998) | Singapore | Cited for comparison regarding the award for a fracture of the neck of the humerus and surgical scars. |
| Natesam Baskar v Chang Mum Cheong | District Court | Yes | Natesam Baskar v Chang Mum Cheong (DC Suit No 5584 of 1997) | Singapore | Cited for comparison regarding the award for multiple scars. |
| Chang Ah Lek and Others v Lim Ah Koon | Court of Appeal | Yes | Chang Ah Lek and Others v Lim Ah Koon [1999] 1 SLR 82 | Singapore | Cited regarding the requirement for real assessable loss provable by evidence for loss of future earnings claims. |
| Teo Sing Keng and Another v Sim Ban Kiat | Court of Appeal | Yes | Teo Sing Keng and Another v Sim Ban Kiat [1994] 1 SLR 634 | Singapore | Cited regarding the principles for awarding loss of earning capacity. |
| Gary Louis Powell v Ng Cheng Tee | High Court | Yes | Gary Louis Powell v Ng Cheng Tee (Suit No 2664 of 1976) | Singapore | Cited for comparison regarding the severity of injuries and their effect on work in loss of earning capacity claims. |
| Ang Ee Kwang (a minor) suing by his mother and next friend Ong Ah Moy v Tan Ah Chiak & Another | District Court | Yes | Ang Ee Kwang (a minor) suing by his mother and next friend Ong Ah Moy v Tan Ah Chiak & Another (DC Suit No 12 of 1996) | Singapore | Cited for comparison regarding the award for pain and disabilities affecting mobility in loss of earning capacity claims. |
| Teng Ching Sin & Another v Leong Kwong Sun | Court of Appeal | Yes | Teng Ching Sin & Another v Leong Kwong Sun [1994] 1 SLR 758 | Singapore | Cited regarding the recoverability of transport expenses incurred by family members visiting an injured plaintiff. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Personal Injury
- Traffic Accident
- Damages Assessment
- Loss of Earning Capacity
- Pain and Suffering
- Special Damages
- Fractures
- Scars
- Keloid Formation
- Radial Nerve Palsy
15.2 Keywords
- personal injury
- traffic accident
- damages
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Automobile Accidents | 70 |
| Measure of Damages | 60 |
| Damages | 50 |
| Contract Law | 10 |
16. Subjects
- Personal Injury
- Damages
- Civil Litigation