Zaiton Bee Bee v Chan Poh Teong: Assessment of Damages for Personal Injury in Traffic Accident
In Zaiton Bee Bee bte Abdul Majeed v Chan Poh Teong, the High Court of Singapore heard an appeal regarding the assessment of damages for personal injuries sustained by Zaiton Bee Bee in a traffic accident while she was a passenger in a taxi driven by Chan Poh Teong. The primary legal issue was the assessment of damages, particularly concerning pre-trial and post-trial loss of earnings. The court allowed the plaintiff's appeal for post-trial loss of earnings and costs, while dismissing the defendant's cross-appeal regarding pre-trial loss of earnings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's appeal allowed in relation to the claim for post-trial loss of earnings and costs. Defendant's appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court assesses damages for Zaiton Bee Bee, injured in a traffic accident while in Chan Poh Teong's taxi, focusing on loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zaiton Bee Bee bte Abdul Majeed | Plaintiff, Appellant | Individual | Appeal allowed in part | Partial | |
| Chan Poh Teong | Defendant, Respondent | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| B Ganeshamoorthy | Colin Ng & Partners LLP |
| Mark Seah | Rodyk & Davidson LLP |
4. Facts
- Plaintiff was injured in a traffic accident on 22 April 2005 while a passenger in a taxi driven by the defendant.
- Plaintiff sustained a fracture/dislocation of the thoracic 12th vertebra and the lumbar first vertebra (T12/L1).
- Plaintiff also sustained a fracture of her right rib and a fracture of the fifth metatarsal of her left foot.
- Plaintiff claimed damages including pain, suffering, loss of amenities, loss of future earnings, and medical expenses.
- Assistant Registrar awarded $188,146.63 but made no award for post-trial loss of earnings or loss of earning capacity.
- Surveillance video showed the plaintiff teaching henna painting for two and a half hours.
- Medical experts agreed the plaintiff's injuries were serious and of a permanent nature.
5. Formal Citations
- Zaiton Bee Bee bte Abdul Majeed v Chan Poh Teong, Suit No 731 of 2006 (Registrar's Appeals No 266 of 2008 and 275 of 2008), [2010] SGHC 116
6. Timeline
| Date | Event |
|---|---|
| Plaintiff injured in traffic accident | |
| Surveillance conducted on plaintiff | |
| Plaintiff seen at Dr Chang’s clinic | |
| Plaintiff observed giving henna painting lesson | |
| Plaintiff obtained interlocutory judgment against defendant | |
| Assessment hearing took place | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages
- Outcome: The court adjusted the basis for calculating pre-trial loss of earnings but maintained the original amount awarded. The court also awarded post-trial loss of earnings.
- Category: Substantive
- Sub-Issues:
- Pre-trial loss of earnings
- Post-trial loss of earnings
- Loss of earning capacity
- Costs
- Outcome: The court allowed the plaintiff’s appeal in relation to costs and set aside the costs order made below, ordering costs of the assessment in her favor.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Transportation
- Arts and Crafts
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Teo Seng Kiat v Goh Hwa Teck | Court of Appeal | Yes | [2003] 1 SLR 333 | Singapore | Cited for the multiplier used in assessing damages for loss of earnings where the plaintiff is totally unable to work. |
| Swee Hong Investment Pte Ltd v Swee Hong Exim Pte Ltd | Court of Appeal | Yes | [1994] 3 SLR(R) 259 | Singapore | Cited regarding the apportionment of costs when a party's submissions are not helpful to the court. |
| Loh Chia Mei v Kok Kok Han | High Court | Yes | [2009] SGHC 181 | Singapore | Cited for the approach of awarding the full multiplicand for the first half of the multiplier and half the multiplicand for the next half of the multiplier when assessing damages for loss of future earnings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Subordinate Courts Act (Cap 321, 2007 Rev Ed), section 39 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Henna art
- Loss of earnings
- Assessment of damages
- Traffic accident
- Personal injury
- Medical evidence
- Surveillance video
- Multiplier
- Multiplicand
15.2 Keywords
- personal injury
- traffic accident
- damages
- loss of earnings
- henna art
- assessment
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Traffic Accident Law | 85 |
| Automobile Accidents | 80 |
| Assessment of Damages | 75 |
| Measure of Damages | 70 |
| Loss of Earning Capacity | 65 |
| Civil Procedure | 60 |
| Evidence | 50 |
16. Subjects
- Personal Injury
- Damages Assessment
- Civil Litigation