Koh Chai Kwang v Teo Ai Ling: Appeal on Damages for Motor Accident Injuries and Loss of Future Earnings
In Koh Chai Kwang v Teo Ai Ling, the Court of Appeal of Singapore heard an appeal regarding the High Court's decision on damages awarded to Teo Ai Ling for injuries sustained in a motor accident. The primary legal issue was whether Teo Ai Ling was entitled to damages for loss of future earnings (LFE) or loss of earning capacity (LEC). The Court of Appeal substituted the High Court's award for LFE with a provisional damage order based on LEC, modifying the judgment accordingly.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal allowed in part; provisional damage order made based on loss of earning capacity.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded to Teo Ai Ling for injuries sustained in a motor accident, focusing on loss of future earnings. Court of Appeal modified the judgment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Koh Chai Kwang | Appellant | Individual | Appeal allowed in part | Partial | |
| Teo Ai Ling (by her next friend, Chua Wee Bee) | Respondent | Individual | Judgment modified; provisional damage order made based on loss of earning capacity | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
4. Facts
- Teo Ai Ling sustained serious injuries in a motor accident on 12 July 2004.
- Koh Chai Kwang's motorcycle collided with Teo Ai Ling.
- Teo Ai Ling was hospitalized for 36 days at National University Hospital and 51 days at Tan Tock Seng Rehabilitation Centre.
- Teo Ai Ling suffered blindness in her right eye, left facial weakness, and hearing loss.
- Teo Ai Ling suffered cognitive dysfunction due to brain injury.
- Teo Ai Ling deferred her Business Studies at Ngee Ann Polytechnic for three years due to the accident.
- Teo Ai Ling failed to pass the Polytechnic examinations and was not awarded the Diploma.
5. Formal Citations
- Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee), Civil Appeal No 42 of 2010, [2011] SGCA 23
6. Timeline
| Date | Event |
|---|---|
| Motor accident occurred involving Koh Chai Kwang's motorcycle and Teo Ai Ling. | |
| Teo Ai Ling was given hospitalisation leave. | |
| End of Teo Ai Ling's hospitalisation leave. | |
| Teo Ai Ling resumed her education at Ngee Ann Polytechnic. | |
| The decision from which this appeal arose is reported at [2010] 2 SLR 1037. | |
| Judgment reserved by the Court of Appeal. |
7. Legal Issues
- Loss of Future Earnings
- Outcome: The court substituted the award for loss of future earnings with a provisional damage order based on loss of earning capacity.
- Category: Substantive
- Related Cases:
- [2010] 3 SLR 587
- Loss of Earning Capacity
- Outcome: The court made a provisional damage order based on loss of earning capacity.
- Category: Substantive
- Related Cases:
- [2010] 3 SLR 587
- Assessment of Damages for Cognitive Disabilities
- Outcome: The court upheld the enhanced award for cognitive disabilities.
- Category: Substantive
- Provisional Damages
- Outcome: The court made a provisional damage order.
- Category: Procedural
8. Remedies Sought
- Damages for personal injuries
- Damages for loss of future earnings
- Damages for loss of earning capacity
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 |
|---|---|---|---|---|---|
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for clarifying the law on loss of future earnings and loss of earning capacity, stating that they are distinct and not alternative measures. |
| Smith v Manchester Corporation | N/A | Yes | [1974] 1 KIR 1 | N/A | Cited for the view that loss of future earnings refers to the difference between post-accident and pre-accident incomes, while loss of earning capacity addresses the weakening of the plaintiff’s competitive position in the open labour market. |
| Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang | High Court | Yes | [2010] SGHC 54 | Singapore | The decision from which this appeal arose. The Court of Appeal modified the High Court's decision. |
| Herring v Ministry of Defence | N/A | Yes | [2004] 1 All ER 44 | N/A | Cited for the principle of selecting a specific career model to determine loss of future earnings, especially for young claimants or those pursuing further qualifications. |
| Paul v Rendell | N/A | Yes | (1981) 55 ALJR 371 | N/A | Cited to support the view that any determination based on future events, as an award of loss of future earnings would be, must necessarily involve some degree of speculation. |
| Teo Sing Keng & Anor v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited for the principle that an award for loss of earning capacity is generally made where there is no available evidence of the plaintiff’s earnings to enable the court to properly calculate future earnings. |
| Lai Chi Kay and others v Lee Kuo Shin | N/A | Yes | [1981-1982] SLR(R) 71 | Singapore | Cited as an example where damages based on loss of future earnings were awarded to an injured party who had yet to enter the employment market. |
| Tham Yew Heng and another v Chong Toh Cheng | N/A | Yes | [1983-1984] SLR(R) 782 | Singapore | Cited as an example where the court made an award based on loss of future earnings to a nine-year-old boy whose school performance deteriorated after the accident. |
| Peh Diana and another v Tan Miang Lee | High Court | Yes | [1991] 1 SLR(R) 22 | Singapore | Cited as an example where the High Court awarded loss of future earnings to a sixteen-year-old student who suffered from permanent disabilities and was unable to continue attending a normal school after the accident. |
| Chang Ah Lek and others v Lim Ah Koon | N/A | Yes | [1998] 3 SLR(R) 551 | Singapore | Cited to clarify that the review of Diana Peh was not in relation to the award of loss of future earnings but to the principles governing an appeal from the High Court Judge to the Court of Appeal. |
| Tan Yu Min Winston v Uni-Fruitveg Pte Ltd | N/A | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited as a case involving students who were injured and who were only awarded loss of earning capacity. |
| Muhamad Ilyas bin Mirza Abdul Hamid v Kwek Khim Hui | High Court | Yes | [2004] SGHC 12 | Singapore | Cited as a case involving students who were injured and who were only awarded loss of earning capacity. |
| Lim Yuen Li Eugene v Singapore Shuttle Bus Service Pte Ltd | High Court | Yes | [2005] SGHC 189 | Singapore | Cited as a case involving students who were injured and who were only awarded loss of earning capacity. |
| Clark Jonathan Michael v Lee Khee Chung | High Court | Yes | [2010] 1 SLR 209 | Singapore | Cited as a case involving students who were injured and who were only awarded loss of earning capacity. |
| Akhinur Nashu Kazi v Chong Siak Hong (trading as Hong Hwa Marine Services) | High Court | Yes | [2009] SGHC 138 | Singapore | Cited for the risk of overlap when 'sub-itemising' what was essentially one single head injury could give rise to over-compensation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of future earnings
- Loss of earning capacity
- Cognitive disabilities
- Provisional damages
- Multiplicand
- Multiplier
- Medical evidence
- Polytechnic diploma
- Motor accident
- Brain injury
15.2 Keywords
- Motor accident
- Personal injury
- Loss of future earnings
- Loss of earning capacity
- Cognitive disabilities
- Provisional damages
- Singapore
- Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Automobile Accidents | 80 |
| Damages Assessment | 70 |
| Damages | 60 |
| Civil Procedure | 50 |
| Contract Law | 30 |
| Evidence | 20 |
16. Subjects
- Tort
- Personal Injury
- Damages
- Civil Procedure