Gobi Nadhan v Tan Chin Sian: Negligence, Motor Vehicle Accident, Right of Way Dispute

In a motor vehicle accident case, Gobi Nadhan a/l Balakrishnan sued Tan Chin Sian in the High Court of Singapore. The accident occurred at the junction of Bukit Timah Road and Cavenagh Road on December 5, 2004. Both parties claimed they had the right of way. Choo Han Teck J found the defendant liable but also found the plaintiff contributorily negligent, apportioning 15% of the blame to the plaintiff. The court ordered interlocutory judgment to the plaintiff, with damages to be assessed, and awarded the plaintiff 85% of the assessed sum.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Interlocutory judgment to the plaintiff with damages to be assessed; plaintiff awarded 85% of the assessed sum.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court held Tan Chin Sian liable for a motor vehicle accident with Gobi Nadhan, apportioning 15% contributory negligence to Gobi Nadhan.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Gobi Nadhan a/l BalakrishnanPlaintiffIndividualInterlocutory judgmentPartial
Tan Chin SianDefendantIndividualLiable for the accidentLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
M Ramasamy s/o Karuppan ChettiarACIES Law Corporation
Josephine KangKelvin Chia Partnership
Edwina Fan Yuen ChiKelvin Chia Partnership

4. Facts

  1. The plaintiff was riding his motorcycle along Bukit Timah Road.
  2. The defendant was driving a car from the opposite direction.
  3. The accident occurred at the junction of Bukit Timah Road and Cavenagh Road.
  4. Both parties claimed the traffic lights were green in their favor.
  5. The plaintiff was exceeding the speed limit.
  6. The defendant was making a right turn at the junction.
  7. The court found the defendant liable but also found the plaintiff contributorily negligent.

5. Formal Citations

  1. Gobi Nadhan a/l Balakrishnan v Tan Chin Sian, Suit 66/2007, [2007] SGHC 57

6. Timeline

DateEvent
Motor vehicle accident occurred
Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant liable for negligence but also found the plaintiff contributorily negligent.
    • Category: Substantive
  2. Contributory Negligence
    • Outcome: The court found the plaintiff contributorily negligent and apportioned 15% of the blame to the plaintiff.
    • Category: Substantive
  3. Right of Way
    • Outcome: Both parties claimed they had the right of way at the traffic junction.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Law
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Motor vehicle accident
  • Right of way
  • Contributory negligence
  • Traffic lights
  • Road junction
  • Apportionment of liability

15.2 Keywords

  • motor vehicle accident
  • negligence
  • contributory negligence
  • Singapore
  • High Court
  • traffic accident
  • personal injury

17. Areas of Law

Area NameRelevance Score
Automobile Accidents75
Road Traffic Accident Law70
Personal Injury65
Negligence60
Evidence50
Apportionment of Liability40

16. Subjects

  • Tort
  • Negligence
  • Motor Vehicle Accident
  • Civil Procedure