Teo Ai Ling v Koh Chai Kwang: Personal Injury Claim for Damages Assessment
In Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang, the Singapore High Court heard appeals regarding the damages awarded to the plaintiff, Teo Ai Ling, who was injured when struck by a motorcycle driven by the defendant, Koh Chai Kwang. The High Court allowed the plaintiff's appeal, increasing the award for cognitive injuries and loss of future earnings, determining that the plaintiff was likely to fail her polytechnic course due to the accident-related injuries. Consequently, the defendant's appeal was dismissed.
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 judgment for Teo Ai Ling's personal injury claim against Koh Chai Kwang, assessing damages after a motorcycle accident. The court increased the award for loss of future earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Koh Chai Kwang | Defendant, Respondent | Individual | Appeal Dismissed | Lost | |
| Teo Ai Ling (by her next friend, Chua Wee Bee) | Plaintiff, Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The plaintiff was struck by the defendant's motorcycle while crossing the road.
- The plaintiff was 17 years old and a first-year polytechnic student at the time of the accident.
- The plaintiff suffered head injuries, cognitive injuries, eye injuries, hearing loss, and fractures.
- The plaintiff's cognitive abilities deteriorated from the average range to the lower average range.
- Medical experts agreed that the plaintiff's cognitive condition was unlikely to improve.
- The plaintiff failed multiple modules after resuming her studies.
- The court found that the plaintiff was likely to fail her polytechnic course as a result of the accident.
5. Formal Citations
- Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang, Suit No 421 of 2007 (Registrar's Appeal Nos 383 and 385 of 2009), [2010] SGHC 54
6. Timeline
| Date | Event |
|---|---|
| Plaintiff struck by defendant's motorcycle | |
| Plaintiff transferred to Tan Tock Seng Rehabilitation Centre | |
| Plaintiff discharged from Tan Tock Seng Rehabilitation Centre | |
| Plaintiff required left ear surgery | |
| Plaintiff required right eye surgery | |
| Interlocutory judgment entered at 60% in favor of the plaintiff | |
| Damages assessed by the Assistant Registrar | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages
- Outcome: The court allowed the plaintiff's appeal, increasing the award for cognitive injuries and loss of future earnings.
- Category: Substantive
- Sub-Issues:
- Loss of future earnings
- Loss of earning capacity
- Cognitive impairment
- Head injuries
- Eye injuries
- Hearing loss
- Fractures
- Loss of Future Earnings vs. Loss of Earning Capacity
- Outcome: The court determined that loss of future earnings was the appropriate measure of damages in this case, as the plaintiff was likely to fail her polytechnic course due to her injuries.
- Category: Substantive
8. Remedies Sought
- Damages for personal injuries
- Medical expenses
- Loss of future earnings
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 |
|---|---|---|---|---|---|
| Eng Ah Wah v Cheng Kiem Sang | Singapore District Court | Yes | [2003] SGDC 263 | Singapore | Cited by the defendant to argue for a lower award for head injuries, but the court distinguished it, finding the injuries in the present case more severe. |
| Teo Seng Kiat v Goh Hwa Teck | High Court | Yes | [2003] 1 SLR(R) 333 | Singapore | Cited as a reference for previous awards for similar head injuries, specifically right extradural and parietal subdural haematoma. |
| Lai Chi Kay & Others v Lee Kuo Shin | Unknown | Yes | [1981] 2 MLJ 167 | Malaysia | Cited by the plaintiff to support the argument that the multiplier-multiplicand approach is appropriate even if the claimant was a student at the material time. |
| Tham Yew Heng & Another v Chong Toh Cheng | Unknown | Yes | [1985] 1 MLJ 4008 | Malaysia | Cited by the plaintiff to support the argument that loss of future earnings can be awarded for students. |
| Peh Diana & Another v Tan Miang Lee | High Court | Yes | [1991] 1 SLR(R) 22 | Singapore | Cited by the plaintiff to support the argument that loss of future earnings can be awarded for students. |
| Tan Yu Min Winston v Uni-Fruitveg Pte Ltd | High Court | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited by the defendant for the proposition that damages for loss of earning capacity is the appropriate mode to quantify compensation for students who have not started working at the time of the accident; distinguished by the court. |
| Lim Yuen Li Eugene v Singapore Shuttle Bus Service Pte Ltd & Another | High Court | Yes | [2005] SGHC 189 | Singapore | Cited by the defendant for the proposition that damages for loss of earning capacity is the appropriate mode to quantify compensation for students who have not started working at the time of the accident; distinguished by the court. |
| Muhamad Ilyas Bin Mirza Abdul Hamid v Kwek Khim Hui | High Court | Yes | [2004] SGHC 12 | Singapore | Cited by the defendant for the proposition that damages for loss of earning capacity is the appropriate mode to quantify compensation for students who have not started working at the time of the accident; distinguished by the court. |
| Clark Jonathan Michael v Lee Khee Chong | High Court | Yes | [2009] SGHC 204 | Singapore | Cited by the defendant for the proposition that damages for loss of earning capacity is the appropriate mode to quantify compensation for students who have not started working at the time of the accident; distinguished by the court. |
| Chang Ah Lek & Others v Lim Ah Koon | Court of Appeal | Yes | [1999] 1 SLR(R) 82 | Singapore | Cited for the principle that an appeal to a judge in chambers from a decision of the AR on an award of damages is reviewed as though the matter came before him for the first time. |
| Ho Yeow Kim v Lai Hai Kuen & Another | Court of Appeal | Yes | [1999] 2 SLR(R) 246 | Singapore | Cited for the principle that an appeal to a judge in chambers from a decision of the AR on an award of damages is reviewed as though the matter came before him for the first time. |
| Fairley v John Thompson (Design & Consulting Division) Ltd | Unknown | Yes | [1972] 2 Lloyd’s Rep 40 | England and Wales | Cited for the principle that compensation for loss of future earnings is awarded for real and assessable loss proved by evidence while compensation for diminution in earning capacity is awarded as part of general damages. |
| Smith v Manchester Corp | Unknown | Yes | (1974) 17 KIR 1 | England and Wales | Cited for explaining the difference between loss of future earnings and loss of earning capacity. |
| Ang Leng Hock v Leo Ee Ah | High Court | Yes | [2004] 2 SLR(R) 361 | Singapore | Cited for the principle that pre-1999 cases may not provide an accurate yardstick for the multiplier as they were decided prior to the change in retirement age in 1999. |
| Paul v Rendell | Unknown | Yes | (1981) 55 ALJR 371 | Australia | Cited for the principle that assessing loss of future earnings involves prophesying what the future holds for the injured plaintiff and what the future would have held for him if he had not been injured. |
| Clarke v Rotax Aircraft Equipment Ltd | Unknown | Yes | [1975] 3 All ER 794 | England and Wales | Cited for the principle that interest should not be awarded for loss of future earnings or loss of earning capacity. |
13. Applicable Rules
| Rule Name |
|---|
| O 40A r 3 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of future earnings
- Loss of earning capacity
- Cognitive impairment
- Traumatic brain injury
- Multiplier
- Multiplicand
- Glasgow Coma Scale
- Polytechnic diploma
- O Level certificate
15.2 Keywords
- personal injury
- damages
- motorcycle accident
- cognitive impairment
- loss of future earnings
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Damages Assessment | 80 |
| Loss of future earnings | 75 |
| Loss of Earning Capacity | 75 |
| Automobile Accidents | 70 |
| Measure of Damages | 60 |
| Civil Procedure | 40 |
| Evidence | 30 |
16. Subjects
- Personal Injury
- Damages
- Negligence
- Civil Litigation