Kanuvunaidu v Goh Chan How: Assessment of Damages for Personal Injury
In the case of Kanuvunaidu a/l Subramaniam v Goh Chan How, before the High Court of Singapore on 20 July 2006, the court heard appeals from both the plaintiff and the defendant regarding the assessment of damages for personal injuries sustained in a motor vehicle accident. The plaintiff appealed against the awards for pre-trial loss of earnings, loss of future earnings, and loss of earning capacity, while the defendant appealed against the awards for pain and suffering, certain portions of pre-trial loss of earnings, and medical expenses. The court allowed the defendant's appeal in part, reducing the award for pain and suffering, but dismissed the defendant's appeal regarding pre-trial loss of earnings. The plaintiff's appeals were dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's appeal allowed in part; Plaintiff's appeals dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for personal injury. The court reduced the award for pain and suffering but upheld the awards for pre-trial loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kanuvunaidu a/l Subramaniam | Plaintiff, Appellant | Individual | Appeal dismissed in part | Partial | Ramasamy Chettiar |
| Goh Chan How | Defendant, Respondent | Individual | Appeal allowed in part | Partial | Ramesh Appoo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramasamy Chettiar | ACIES Law Corporation |
| Ramesh Appoo | Just Law LLC |
4. Facts
- The plaintiff was injured in a motorcycle accident caused by the defendant on 4 April 2000.
- The plaintiff sustained an open fracture of the right tibia and fibula, close to the ankle.
- The defendant consented to interlocutory judgment for damages to be assessed with liability apportioned at 90:10 in favor of the plaintiff.
- The plaintiff underwent emergency surgery, including debridement, open reduction, internal fixation, and skin grafting.
- The plaintiff was on medical leave for approximately nine months after the accident.
- The plaintiff claimed damages for pain and suffering, pre-trial loss of earnings, future medical expenses, and loss of earning capacity.
- The Deputy Registrar made awards for pain and suffering, pre-trial medical expenses, loss of overtime, loss of allowance, loss of salary, future medical expenses, and loss of earning capacity.
5. Formal Citations
- Kanuvunaidu a/l Subramaniam v Goh Chan How, DC Suit 2063/2001, [2006] SGHC 126
6. Timeline
| Date | Event |
|---|---|
| Collision between plaintiff's motorcycle and defendant's car | |
| Action commenced in the District Court | |
| Assessment of damages hearing began | |
| Assessment of damages hearing concluded | |
| Deputy Registrar Tan May Tee made awards in respect of damages | |
| District Judge James Leong dismissed both appeals | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court reduced the award for pain and suffering, finding the initial award for the fracture of the tibia and fibula excessive, and the award for scars, grafting and loss of radial artery disproportionate. The court upheld the awards for pre-trial loss of earnings, finding sufficient evidence to justify them. The court dismissed the appeals regarding pre-trial loss of earnings and future loss of earnings.
- Category: Substantive
- Sub-Issues:
- Quantum of damages for pain and suffering
- Quantum of damages for loss of earnings
- Causation of injuries and disabilities
- Admissibility of medical evidence
- Related Cases:
- [1993] 3 SLR 89
- [1936] 1 KB 192
8. Remedies Sought
- Damages for personal injury
- Loss of earnings
- Medical expenses
- Pain and suffering
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 |
|---|---|---|---|---|---|
| Durai Dhanaraj v Tan Tuan Kok | District Court | Yes | Durai Dhanaraj v Tan Tuan Kok District Court Suit No 2295 of 1998 | Singapore | Cited as a comparable case for quantum of damages for an open fracture of the right tibia and fibula. |
| Yeo Hwee Hong v Wong Soong Kit | District Court | Yes | Yeo Hwee Hong v Wong Soong Kit District Court Suit No 4429 of 1996 | Singapore | Cited as a comparable case for quantum of damages for an open fracture of the left lower tibia and fibula. |
| Shela Devi d/o Perumal v Ravi bin Nahrawi | District Court | Yes | Shela Devi d/o Perumal v Ravi bin Nahrawi Suit No 1191 of 1999 | Singapore | Cited as a comparable case for quantum of damages for a fracture of the tibia and fibula with muscle wasting. |
| Mohamed Shaib s/o Malukumian v Thiruppanalwar Veerasamy | District Court | Yes | Mohamed Shaib s/o Malukumian v Thiruppanalwar Veerasamy District Court Suit No 3310 of 1998; District Court Appeal No 37 of 1999 | Singapore | Cited as a comparable case for quantum of damages for osteoarthritis. |
| Tan Swee Khoo v Balu a/l Sinnathamby | District Court | Yes | Tan Swee Khoo v Balu a/l Sinnathamby District Court Suit No 225 of 1998 | Singapore | Cited as a comparable case for quantum of damages for a pre-disposition to osteoarthritis. |
| Alagamalai s/o Veerasamy v Chan Liau Chuan | High Court | Yes | Alagamalai s/o Veerasamy v Chan Liau Chuan [1994] SGHC 267 | Singapore | Cited as a comparable case for quantum of damages for a comminuted fracture of the tibia and fibula. |
| Ramdas s/o Achiddappan Naidu v Chua Ben Cheong | Suit | Yes | Ramdas s/o Achiddappan Naidu v Chua Ben Cheong Suit No 702 of 1993 | Singapore | Cited as a comparable case for quantum of damages for open fractures of the left tibia and fibula. |
| See Gim Tin v Gopalan Chandran | Suit | Yes | See Gim Tin v Gopalan Chandran Suit No 51 of 1995 | Singapore | Cited as a comparable case for quantum of damages for fracture of the left tibia/fibula with open wound and chronic osteomyelitis. |
| Norman bin Mujeyat v Chan Kwong Meng | District Court | Yes | Norman bin Mujeyat v Chan Kwong Meng District Court Suit No 2532 of 1994 | Singapore | Cited as a comparable case for quantum of damages for osteoarthritis. |
| Swaran Singh v Lim Soon Lee | High Court | Yes | Swaran Singh v Lim Soon Lee Suit No 2409 of 1996 | Singapore | Cited as a comparable case for quantum of damages for osteoarthritis of the knee and ankle. |
| Norani binte Abdul Rahim v Lau Kim Woh Kevin | District Court | Yes | Norani binte Abdul Rahim v Lau Kim Woh Kevin District Court Suit No 3611 of 1998 | Singapore | Cited as a comparable case for quantum of damages for the basis that osteoarthritis would set in at a later date. |
| Soh Eng Wah v Saifuddin bin Sulaiman | Court of Appeal | Yes | Soh Eng Wah v Saifuddin bin Sulaiman [2000] 1 SLR 721 | Singapore | Cited as a comparable case for quantum of damages for the basis that osteoarthritis would set in at a later date. |
| Low Swee Tong v Liew Machinery (Pte) Ltd | High Court | Yes | Low Swee Tong v Liew Machinery (Pte) Ltd [1993] 3 SLR 89 | Singapore | Cited for the principle that an appellate court should not readily interfere with an award of damages unless the trial judge acted on a wrong principle of law or the amount awarded was erroneous. |
| Owen v Sykes | Court of King's Bench | Yes | Owen v Sykes [1936] 1 KB 192 | England and Wales | Cited for the principle that an appellate court should not interfere with an assessment of damages unless the first instance judge took an erroneous view of the evidence or gave weight to something that ought not to have affected his mind. |
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
- Open fracture
- Osteoarthritis
- Skin grafting
- Loss of earnings
- Loss of earning capacity
- Pain and suffering
- Medical expenses
- Pre-trial loss of earnings
- Future loss of earnings
15.2 Keywords
- Personal injury
- Damages
- Assessment
- Fracture
- Loss of earnings
- Medical expenses
- Singapore
- High Court
16. Subjects
- Personal Injury
- Damages Assessment
- Civil Litigation
17. Areas of Law
- Civil Procedure
- Damages
- Personal Injury Law