Chiam Kim Loke v Lee Wing Hoong: Assessment of Damages for Road Traffic Accident Injuries
In Chiam Kim Loke v Lee Wing Hoong, the High Court of Singapore, on 23 February 2004, assessed damages for injuries sustained by Chiam Kim Loke in a road traffic accident. The court awarded damages for pain and suffering, loss of pre-trial earnings, loss of salary increment, loss of bonus, loss of earning capacity, loss of future earnings, medical expenses, transport, delay of long service award, future medical costs and clothing. The defendants appealed against these awards. The court found the plaintiff's injuries to be severe and awarded damages accordingly.
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
Assessment of damages for Chiam Kim Loke's injuries from a road traffic accident. The court awarded damages for pain, suffering, loss of earnings, and medical expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Motor Insurers’ Bureau of Singapore | Defendant | Statutory Board | Judgment against Defendant | Lost | |
| Chiam Kim Loke | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lee Wing Hoong | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tai Wei Shyong | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jayabalan | Madhavan Partnership |
| Benedict Chan | Benedict Chan & Company |
| P K Ratty | PK Ratty & Partners |
4. Facts
- The plaintiff was injured in a road traffic accident on 30 July 1999.
- The plaintiff suffered a severe open comminuted fracture of the right femur.
- The plaintiff underwent multiple procedures to lengthen his leg.
- The plaintiff lost his little finger and part of his palm.
- The plaintiff was severely scarred from the accident.
- The plaintiff was on medical leave for 2 years and 9 months after the accident.
- The plaintiff was redeployed to a customs clearance agent position at DHL.
5. Formal Citations
- Chiam Kim Loke v Lee Wing Hoong and Another, Suit 882/2002, [2004] SGHC 37
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred. | |
| Action commenced in the High Court. | |
| Damages awarded. | |
| Grounds of decision issued. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed and awarded damages for pain and suffering, loss of earnings, and other losses.
- Category: Substantive
- Mitigation of Losses
- Outcome: The court found that the defence had failed to prove on balance that the plaintiff had failed to mitigate his losses.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Motor Accident Claims
11. Industries
- Logistics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Swaran Singh v Lim Soon Lee | N/A | Yes | Swaran Singh v Lim Soon Lee (S 2409 of 1996) | Singapore | Cited as precedent for damages awarded for a closed fracture of the right femur, osteoarthritis of the knee and ankle, and multiple scars. |
| Gopal s/o Kunju Kannan v Sulaiman bin Kassim | N/A | Yes | Gopal s/o Kunju Kannan v Sulaiman bin Kassim (S 332 of 1995) | Singapore | Cited as precedent for damages awarded for a closed comminuted fracture of the right femur. |
| Haron Bin Ibrahim v Yep Wai San | N/A | Yes | Haron Bin Ibrahim v Yep Wai San (DC Suit 1912 of 1993) | Singapore | Cited as precedent for damages awarded for amputation of left right and little finger at the knuckles and deep lacerations in the left middle finger with flexor tendons profundus and superficialis cut. |
| Tan Cheng Lee v Lau Bin Keong and Another | N/A | Yes | Tan Cheng Lee v Lau Bin Keong and Another (DC Suit 1384 of 1988) | Singapore | Cited as precedent for loss of earning capacity. |
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
- Road traffic accident
- Assessment of damages
- Open comminuted fracture
- Loss of earning capacity
- Loss of future earnings
- Mitigation of losses
- Trendelenburg gait
- Osteoarthritis
15.2 Keywords
- road traffic accident
- personal injury
- damages
- fracture
- loss of earnings
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Road Traffic Accident Law | 85 |
| Measure of Damages | 80 |
| Damages | 75 |
| Automobile Accidents | 70 |
| Evidence | 50 |
| Civil Procedure | 30 |
| Civil Litigation | 30 |
16. Subjects
- Personal Injury
- Damages Assessment
- Motor Accidents