Ramesh s/o Ayakanno v Chua Gim Hock: Assessment of Damages for Severe Head Injuries from Road Accident

In Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally) v Chua Gim Hock, the High Court of Singapore heard appeals from both the plaintiff and defendant regarding the Assistant Registrar's assessment of damages following a road accident that left the plaintiff with severe head injuries. The court, presided over by Justice Kan Ting Chiu, allowed the plaintiff's appeal in part, increasing damages for pain and suffering, future medical expenses, and maid salaries, while dismissing the defendant's appeal concerning future nursing home costs and loss of future earnings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's appeal allowed in part; Defendant's appeal dismissed. The court increased the damages awarded to the plaintiff for pain and suffering, future medical expenses, and maid salaries. The defendant's appeal against the award for future nursing home costs and loss of future earnings was dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for Ramesh s/o Ayakanno, who suffered severe head injuries in a road accident, resulting in permanent disability. The court increased awards for pain and suffering, future medical expenses, and maid salaries.

1.7 Decision Date

28 February 2008

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally)	Plaintiff, Appellant	Individual	Appeal Allowed in Part	Partial	Renuka Chettiar of Karuppan Chettiar & Partners
Chua Gim Hock	Defendant, Appellant	Individual	Appeal Dismissed	Lost	Faizal Mohamed of B Rao & K S Rajah Amy Lim of B Rao & K S Rajah

3. Judges

Judge Name	Title	Delivered Judgment
Kan Ting Chiu	Judge	Yes

4. Counsels

Counsel Name	Organization
Renuka Chettiar	Karuppan Chettiar & Partners
Faizal Mohamed	B Rao & K S Rajah
Amy Lim	B Rao & K S Rajah

4. Facts

Ramesh s/o Ayakanno suffered severe head injuries in a road accident on 9 March 2001.
As a result of the injuries, Ramesh was declared mentally disabled.
Ramesh's mother, Ramiah Naragatha Vally, was appointed his committee.
Interlocutory judgment was entered in Ramesh's favor with liability agreed at 95%.
The Assistant Registrar made awards for pain and suffering, future medical expenses, future nursing care, and loss of earnings.
Both parties appealed against the Assistant Registrar’s awards.
The plaintiff was sent to India for treatment against the advice of doctors in Singapore.

5. Formal Citations

Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally) v Chua Gim Hock, Suit 670/2002, RA 218/2007, 219/2007, [2008] SGHC 33

6. Timeline

Date	Event
2001-03-09	Road accident occurred, resulting in severe head injuries to Ramesh s/o Ayakanno
2002-10-01	Interlocutory judgment entered in favor of the plaintiff with liability agreed at 95%
2007-01-01	Assessment hearing before an Assistant Registrar
2007-01-01	Defendant filed RA 218/2007
2007-01-01	Plaintiff filed RA 219/2007
2008-02-29	High Court decision on appeals

7. Legal Issues

Assessment of Damages for Personal Injury
- Outcome: The court adjusted the damages awarded for pain and suffering, future medical expenses, and maid salaries, while upholding the awards for future nursing home costs and loss of future earnings.
- Category: Substantive
- Sub-Issues:
  - Pain and suffering
  - Loss of amenities
  - Future medical expenses
  - Loss of earnings
  - Cost of nursing care
  - Pre-trial expenses
- Related Cases:
  - [1984-1985] SLR 675
  - [1993] 2 SLR 536
  - Suit No 2558 of 1982
  - Suit No 937 of 2000
  - [2004] 3 SLR 543
  - [2001] 4 SLR 317
  - [1994] 1 SLR 758
  - [1980] AC 136
Causation
- Outcome: The court considered whether the expenses incurred by the plaintiff were reasonable and causally linked to the accident.
- Category: Substantive

8. Remedies Sought

Damages for pain and suffering
Damages for loss of amenities
Future medical expenses
Future nursing care costs
Loss of future earnings
Pre-trial loss of earnings
Pre-trial maid expenses
Medical expenses
Transport expenses
Miscellaneous expenses
Loss of salary

9. Cause of Actions

Negligence

10. Practice Areas

Personal Injury Litigation

11. Industries

Transportation

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Mohamed Fami Hassan v Swissco Pte Ltd	Unknown	Yes	[1984-1985] SLR 675	Singapore	Cited as a precedent for damages awarded to an injured workman who became a quadriplegic, but provided little guidance due to lack of factual details.
Toon Chee Meng Eddie v Yeap Chin Hon	Unknown	Yes	[1993] 2 SLR 536	Singapore	Cited as a comparable case involving severe brain damage to a young boy, resulting in a semi-vegetative state and dependence on others.
Fumihiro Hori & Anor v Singapore Bus Service (1978) Ltd & Anor	Unknown	Yes	Suit No 2558 of 1982	Singapore	Cited as a brain damage case, but offered little guidance due to the unspecified extent of the brain damage.
Chen Qingrui v Phua Geok Leng	Unknown	Yes	Suit No 937 of 2000	Singapore	Cited as a comparable case involving severe traumatic brain injury with minimal awareness, resulting in a $165,000 award in 2001.
TV Media Pte Ltd v De Cruz Andrea Heidi & Anor	Court of Appeal	Yes	[2004] 3 SLR 543	Singapore	Cited as a recent case involving a liver transplant, with the Court of Appeal reducing the award for pain and suffering and loss of amenities to $150,000.
Tan Hun Hoe v Harte Denis Mathew	Court of Appeal	Yes	[2001] 4 SLR 317	Singapore	Cited as a case involving botched medical treatment resulting in testicular atrophy, with the Court of Appeal increasing the general damages to $120,000.
Teng Ching Sin and Another v Leong Kwong Sun	Court of Appeal	Yes	[1994] 1 SLR 758	Singapore	Cited for the principle that travelling expenses incurred by family members visiting an injured plaintiff in hospital are not recoverable unless they contributed to the injured party’s recovery or helped in his rehabilitation.
Pickett v British Rail Engineering Ltd	House of Lords	Yes	[1980] AC 136	United Kingdom	Cited for the principle that damages for loss of future earnings should be assessed with reference to the plaintiff's natural working life if the accident had not occurred, and not the plaintiff's reduced lifespan as a direct result of the accident.

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 accident
Severe head injuries
Assessment of damages
Loss of amenities
Future medical expenses
Loss of earnings
Nursing home costs
Multiplier
Multiplicand
Pain and suffering
Committee of the person and estate
Interlocutory judgment

15.2 Keywords

Road accident
Head injuries
Damages
Personal injury
Negligence
Singapore
High Court

17. Areas of Law

Area Name	Relevance Score
Personal Injury	90
Damages	80
Assessment of Damages	75
Automobile Accidents	70
Measure of Damages	60
Medical Negligence	40
Psychiatry	30

16. Subjects

Personal Injury
Damages Assessment
Civil Litigation