Ting Heng Mee v Sin Sheng Fresh Fruit: Assessment of Damages for Traffic Accident Injuries

In Ting Heng Mee v Sin Sheng Fresh Fruit Pte Ltd, the High Court of Singapore assessed damages for Mr. Ting Heng Mee, who sustained injuries in a traffic accident caused by the defendant's lorry driver. The court, presided over by Vincent Leow AR, awarded Mr. Ting $117,230.38 for various injuries, pre-trial loss of earnings, loss of earning capacity, pre-trial nursing care, future medical expenses, and special damages. The judgment was delivered on 2004-02-26.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court judgment assessing damages for Ting Heng Mee's injuries from a traffic accident, including loss of earnings and medical expenses. Judgment for Plaintiff.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ting Heng MeePlaintiffIndividualJudgment for PlaintiffWon
Sin Sheng Fresh Fruit Pte LtdDefendantCorporationJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Vincent LeowAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Robert Leslie GregoryShankar, Nandwani and Partners
Fazal Mohamed Bin Abdul KarimB Rao and K S Rajah
Harpal Singh BajajB Rao and K S Rajah

4. Facts

  1. Plaintiff was riding his motorcycle when he lost consciousness and was involved in a traffic accident.
  2. The plaintiff sustained injuries to his left arm, right leg, and head.
  3. Interlocutory judgment was entered against the defendant for 90% liability.
  4. The plaintiff claimed for pre-trial and future loss of earnings/capacity.
  5. The plaintiff claimed for pre-trial and future nursing care.
  6. The plaintiff claimed for future medical expenses and special damages.
  7. The plaintiff was 68 years old at the time of the accident and worked as a barber.

5. Formal Citations

  1. Ting Heng Mee v Sin Sheng Fresh Fruit Pte Ltd, Suit 586/2003, NA 93/2003, [2004] SGHC 43

6. Timeline

DateEvent
Traffic accident occurred
Plaintiff discharged from Changi Hospital
Lawsuit filed
Judgment issued

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court assessed and awarded damages for various heads of claim.
    • Category: Substantive
    • Sub-Issues:
      • Quantum of damages for personal injuries
      • Pre-trial loss of earnings
      • Loss of earning capacity
      • Pre-trial nursing care
      • Future medical expenses
      • Special damages
  2. Causation of Injuries
    • Outcome: The court found that the accident caused the memory loss and aggravated the pre-existing tinnitus.
    • Category: Substantive
    • Sub-Issues:
      • Whether the accident caused the memory loss
      • Whether the accident caused the hearing loss

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation
  • Motor Vehicle Accidents

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Teo Sing Keng & Anor v Sim Ban KiatHigh CourtYes[1994] 1 SLR 634SingaporeCited for the award of interest from the date of service of writ to the date of judgment and interest from the date of accident to the date of judgment.
Lim Siam Tiang v Tay Tong Hwee PaulDistrict CourtYesLim Siam Tiang v Tay Tong Hwee Paul (unreported decision of the District Court in DC Suit No 686 of 1989)SingaporeCited as a comparable case for elbow dislocation injuries, but the award was adjusted to account for inflation.
Lim Kian Chuan v Kong Geok LinDistrict CourtYesLim Kian Chuan v Kong Geok Lin (unreported decision of the District Court in DC Suit No 1451 of 1995)SingaporeCited as a case for elbow dislocation, but not applied as it involved additional injuries.
Hairulnizan bin Johari v Tan Quee SengMagistrate CourtYesHairulnizan bin Johari v Tan Quee Seng (unreported decision of the Magistrate Court in MC Suit No 9237 of 1988)SingaporeCited as a case for elbow dislocation, but not applied as it involved additional injuries.
Low Swee Tong v Liew Machinery Pte LtdHigh CourtYesLow Swee Tong v Liew Machinery Pte Ltd (1993) 3 SLR 89SingaporeCited as a case for hemathrosis of the knee, but not followed due to lack of clarity on the extent of the injury.
Labaderan a/l Subramanian v Roslee bin Abdul Rahman & AnorJohor Bahru Sessions CourtYesLabaderan a/l Subramanian v Roslee bin Abdul Rahman & Anor (unreported decision of the Johor Bahru Sessions Court dated 6 March 2000)MalaysiaCited as a case for knee hematoma, considered in determining the appropriate award.
Yip Kok Meng Calvin v Lek Yong HanHigh CourtYes[1993] 2 SLR 139SingaporeCited as a comparable case for degloving injury of the foot, but the award was adjusted to account for the plaintiff's residual disability.
Koh Lu Kuang v Abdul Jalil bin Kader HusseinDistrict CourtYesKoh Lu Kuang v Abdul Jalil bin Kader Hussein (unreported decision of the District Court in DC Suit No 4293 of 1998)SingaporeCited as a case for nerve palsy, considered in determining the appropriate award.
Seah Yit Chen v Singapore Bus ServicesHigh CourtYes[1978] 1 SLR 530SingaporeCited for the approach to be taken in assessing damages for overlapping injuries.
Ng Song Poh v Ong Chai Poh @ Ong Chai PahDistrict CourtYesNg Song Poh v Ong Chai Poh @ Ong Chai Pah (unreported decision of the District Court in DC Suit No 5279 of 1990)SingaporeCited as a case for cut patella tendon, but not directly applicable as it involved a different injury.
Harinder Singh v Stephen Tan Puay GuanMagistrate CourtYesHarinder Singh v Stephen Tan Puay Guan (unreported decision of the Magistrate Court in MC Suit No 15276 of 1988)SingaporeCited as a comparable case for fracture of the 5th metacarpal bone, considered in determining the appropriate award.
Lim Xueru & Anor v Lim Kai MengHigh CourtYes[1993] 1 SLR 279SingaporeCited for the principle that injuries to differing parts of the body should be considered separately when assessing damages.
Rohaya bte Daud & Ors v Yahya bin Syed Hassan Alsagoff & OrsHigh CourtYesRohaya bte Daud & Ors v Yahya bin Syed Hassan Alsagoff & Ors (unreported decision of the High Court in Registrar’s Appeal No 169 of 1995)SingaporeCited as a case for loss of vision, but not directly applicable as it involved a different injury.
Yusof bin Darus v Singapore Bus Services (1978) LtdHigh CourtYesYusof bin Darus v Singapore Bus Services (1978) Ltd (unreported decision of the High Court in Suit No 19 of 1997)SingaporeCited as a case for injury to the right eye, but not directly applicable as the exact nature of the injury was unstated.
Er Hung Boon v Law Chyan EnDistrict CourtYesEr Hung Boon v Law Chyan En (unreported decision of the District Court in DC Suit No 1567 of 1997)SingaporeCited as a case for memory impairment, considered in determining the appropriate award.
Fauziyah bte Mansor v Abu Bakar bin HussinHigh CourtYesFauziyah bte Mansor v Abu Bakar bin Hussin (unreported decision of the High Court in Suit No 1685 of 1989)SingaporeCited as a case for decreased hearing in the right ear, considered in determining the appropriate award.
Ong Ah Long v UnderwoodHigh CourtYes[1983] 2 MLJ 324MalaysiaCited for the principle that the court must have evidence to determine the appropriate amount to award for loss of future earnings.
Ma Hai Yong @ Mah Ah TheHigh CourtYesMa Hai Yong @ Mah Ah The (unreported decision of the High Court in Suit No 2023 of 1995)SingaporeCited as a precedent case for loss of future earnings.
Teo Sing Keng & SBS v Sim Ban KiatHigh CourtYesTeo Sing Keng & SBS v Sim Ban Kiat [1994] 1 SLR 634SingaporeCited for the category of loss of earning capacity.
Chang Ah Lek & Ors v Lim Ah KoonHigh CourtYes[1999] 1 SLR 82SingaporeCited for the factors to be considered in making an award for loss of earning capacity.
Ang Eng Lee & Anor v Lim Lye SoonHigh CourtYes[1986] 1 SLR 116SingaporeCited for the principle that the loss is the plaintiff's loss, regardless of who paid for the services.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Damages Assessment
  • Personal Injuries
  • Traffic Accident
  • Loss of Earnings
  • Loss of Earning Capacity
  • Nursing Care
  • Medical Expenses
  • Special Damages
  • Causation
  • Memory Loss
  • Tinnitus

15.2 Keywords

  • personal injury
  • traffic accident
  • damages
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Personal Injury95
Automobile Accidents80
Damages Assessment75
Road Traffic Accident Law70
Causation60
Evidence50
Medical Assessment40

16. Subjects

  • Personal Injury
  • Damages
  • Civil Litigation