Chin Swey Min v Nor Nizar Bin Mohamed: Assessment of Damages for Severe Injuries Suffered in Accident
In the case of *Chin Swey Min v Nor Nizar Bin Mohamed*, the High Court of Singapore assessed damages for the plaintiff, Chin Swey Min, who suffered severe injuries in an accident. The court, presided over by Assistant Registrar Ching Sann, awarded damages for pain and suffering, loss of future earnings, future medical expenses, and future care. The court considered the plaintiff's mental impairment and physical injuries in determining the appropriate compensation. The total award was $513,645.70 and RM 15,551.75, plus interest.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for Chin Swey Min, who sustained severe injuries in an accident, including head trauma and fractures, impacting future earnings and requiring ongoing care.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chin Swey Min | Plaintiff | Individual | Judgment for Plaintiff, Judgment for Plaintiff | Won, Won | David Ling Koon Hean |
| Nor Nizar Bin Mohamed | Defendant | Individual | Judgment against Defendant, Judgment against Defendant | Lost, Lost | Karuppan Chettiar, Renuka Chettiar, Ganesh S Ramanathan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ching Sann | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Ling Koon Hean | Ling Das and Partners |
| Karuppan Chettiar | Karuppan Chettiar and Partners |
| Renuka Chettiar | Karuppan Chettiar and Partners |
| Ganesh S Ramanathan | Karuppan Chettiar and Partners |
4. Facts
- The plaintiff was 38 years old at the time of the accident.
- The plaintiff was working in Singapore on a work permit as a supervisor.
- The plaintiff suffered severe head injuries, fractures, and lacerations.
- The plaintiff's general memory was assessed to be within the mental deficient range.
- The plaintiff was declared mentally unsound by a court.
- The plaintiff's financial affairs are managed by his wife.
- The defendant was found 90% liable for the accident.
5. Formal Citations
- Chin Swey Min a patient suing by his wife and next friend Lim Siew Lee v Nor Nizar Bin Mohamed, Suit 174/2002, NA 78/2003, [2004] SGHC 27
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Interlocutory judgment entered for the plaintiff at 90% liability against the defendant | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court determined the appropriate amounts for general and special damages, considering the severity of the injuries and their impact on the plaintiff's life.
- Category: Substantive
- Sub-Issues:
- Pain and Suffering
- Loss of Future Earnings
- Future Medical Expenses
- Future Care Costs
- Pre-Trial Loss of Earnings
- Related Cases:
- [1993] 3 SLR 317
- [1991] SLR 341
- [2002] 3 SLR 415
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pang Koi Fa v Lim Djoe Phing | High Court | Yes | [1993] 3 SLR 317 | Singapore | Cited in relation to the assessment of damages for pain and suffering, specifically in comparison to post-traumatic stress disorder. |
| Peh Diana v Tan Miang Lee | High Court | Yes | [1991] SLR 341 | Singapore | Cited as a helpful authority in determining the appropriate award for severe head injury and loss of amenities. |
| Karuppiah Nirmala v Singapore Bus Services Ltd | High Court | Yes | [2002] 3 SLR 415 | Singapore | Followed in determining the appropriate multiplier for loss of future earnings, considering the plaintiff's age at the time of the accident and assessment. |
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
- Pain and Suffering
- Loss of Future Earnings
- Future Medical Care
- Future Home Care
- Special Damages
- General Damages
- Multiplier
- Multiplicand
- Mental Impairment
- Work Permit
15.2 Keywords
- Personal Injury
- Damages
- Negligence
- Accident
- Singapore
- Head Injury
- Loss of Earnings
- Medical Expenses
16. Subjects
- Personal Injury
- Damages Assessment
- Medical Negligence
17. Areas of Law
- Personal Injury Law
- Tort Law
- Assessment of Damages