Gowri Rajeswari v Wong Si Wah: Assessment of Damages for Loss of Dependency Claim
In Balanalagirisamy Gowri Rajeswari and another (administrators of the estate of Radhakrishnan Hari Babu, deceased) v Wong Si Wah, the High Court of Singapore heard an appeal regarding the assessment of damages for a loss of dependency claim. The case arose from a fatal accident where the deceased was struck by a car driven by the defendant. The plaintiffs, the widow and father of the deceased, sued the defendant for damages. The court allowed the appeal and increased the award for dependency.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case concerning damages arising from a fatal accident. The court assessed the quantum of the award for loss of dependency.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Balanalagirisamy Gowri Rajeswari | Plaintiff | Individual | Appeal Allowed | Won | Gurdeep Singh Sekhon |
| Wong Si Wah | Defendant | Individual | Appeal Dismissed | Lost | Pateloo E Ashokan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gurdeep Singh Sekhon | K S Chia Gurdeep & Param |
| Pateloo E Ashokan | KhattarWong |
4. Facts
- The deceased passed away on 30 November 2005 after being struck by a car driven by the defendant.
- The plaintiffs, the widow and father of the deceased, were granted Letters of Administration on 3 July 2006.
- The defendant was found liable for one-third of the damages due to the deceased's contributory negligence.
- The assistant registrar assessed the damages at $375,000 for loss of dependency.
- The deceased was 35 years old at the time of his death and the sole breadwinner for his family.
- The deceased's dependants consisted of his widow (31 years old) and his son (two years old).
- The deceased was employed as a co-generation plant engineer at Eco Special Waste Management Pte Ltd.
5. Formal Citations
- Balanalagirisamy Gowri Rajeswari and another (administrators of the estate of Radhakrishnan Hari Babu, deceased) v Wong Si Wah, Suit 448/2006, RA 113/2008, 116/2008, [2008] SGHC 174
6. Timeline
| Date | Event |
|---|---|
| Deceased passed away after an accident | |
| Letters of Administration granted to plaintiffs | |
| Suit filed by plaintiffs | |
| Trial on liability began | |
| Trial on liability ended | |
| Interlocutory judgment delivered | |
| Assistant Registrar delivered judgment | |
| Appeal allowed and award for dependency increased |
7. Legal Issues
- Measure of Damages
- Outcome: The court determined the appropriate multiplier and multiplicand to calculate the damages.
- Category: Substantive
- Sub-Issues:
- Computation of damages
- Determination of multiplier
- Determination of multiplicand
- Loss of Dependency
- Outcome: The court assessed the loss of dependency based on the deceased's income and the dependants' needs.
- Category: Substantive
- Sub-Issues:
- Net income per annum
- Basic salary
- Bonuses
- Overtime pay
- Allowances
- Income tax contributions
- Central Provident Fund contributions
- Deduction made for deceased's own use
8. Remedies Sought
- Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Fatal Accidents
- Civil Litigation
11. Industries
- Waste Management
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| See Soon Soon v Goh Yong Kwang | High Court | Yes | [1992] 2 SLR 242 | Singapore | Cited for the principle of splitting the multiplier into different periods with different multiplicands. |
| Lim Fook Lau v Kepdrill International Incorporated SA | High Court | Yes | [1993] 1 SLR 917 | Singapore | Cited for applying the approach in See Soon Soon of using two multiplicands. |
| Ramesh s/o Ayakanno v Chua Gim Hock | High Court | Yes | [2008] SGHC 33 | Singapore | Cited for upholding the decision to apply three separate multiplicands over three different periods. |
| See Ah Haw v Ong Hock Thian | N/A | Yes | [1984-1985] SLR 442 | Singapore | Cited for the principle of considering basic salary when determining multiplicands. |
| Jub'il bin Mohamed Taib Taral v Sunway Lagoon Sdn Bhd | N/A | Yes | [2001] 6 MLJ 669 | N/A | Cited for the principle that bonuses should be taken into account where it can be reasonably established that the deceased would have received them. |
| Lee Teck Nam v Kang Hock Seng Paul | N/A | Yes | [2005] 4 SLR 14 | Singapore | Cited for the principle that the court should factor in an increment to the basic salary. |
| Harris v Empress Motors Ltd | N/A | Yes | (1984) 1 WLR 212 | N/A | Cited for the conventional figure for deduction for personal expenses where the family unit consists of a husband and wife. |
| Ho Yeow Kim v Lai Hai Kuen | Court of Appeal | Yes | [1999] 2 SLR 246 | Singapore | Cited in relation to Harris v Empress Motors Ltd regarding deduction for personal expenses. |
| Parvathy v Liew Yoke Khoon | N/A | Yes | [1984] 1 MLJ 183 | N/A | Cited for the principle that the court should not take into account housing and entertainment allowances in computing the actual income of the deceased. |
| Lee Wee Hiong v Koh Ah Sai Victor | N/A | Yes | [1989] SLR 1029 | Singapore | Cited for the principle that Central Provident Fund contributions may form part of a dependency claim. |
| Ng Lim Lian v Port of Singapore Authority | High Court | Yes | [1997] SGHC 62 | Singapore | Cited for reducing the amount to be awarded for Central Provident Fund contributions. |
| Guo Xiuhua v Lee Chin Ngee v First Capital Insurance Ltd | High Court | Yes | [2001] SGHC 190 | Singapore | Cited for reducing the Central Provident Fund award. |
| Cookson v Knowles | N/A | Yes | [1979] AC 556 | N/A | Cited for the principle of estimating the probable earnings of a young deceased for the next 30 years. |
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
- Loss of dependency
- Multiplier
- Multiplicand
- Contributory negligence
- Assessment of damages
- Net income
- Central Provident Fund
- Personal expenses
15.2 Keywords
- fatal accident
- loss of dependency
- damages
- negligence
- Singapore
- High Court
16. Subjects
- Personal Injury
- Damages
- Civil Procedure
17. Areas of Law
- Damages
- Assessment of Damages
- Compensation and Damages
- Death
- Dependency Claim