Tan Teck Boon v Lee Gim Siong: Damages Assessment for Road Accident Injuries and Loss of Earnings
In Tan Teck Boon v Lee Gim Siong and others, the Singapore High Court assessed damages for the plaintiff, Tan Teck Boon, who sustained injuries in a road accident caused by the negligence of the first defendant, Lee Gim Siong, and the second and third defendants. Interlocutory judgment was entered for the plaintiff by consent, with damages to be assessed at 90% against the first defendant and 10% against the second and third defendants. The court awarded damages for medical expenses, transport expenses, loss of earnings, pain and suffering, and loss of earning capacity.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court assesses damages for Tan Teck Boon's injuries and loss of earnings after a car accident caused by Lee Gim Siong's negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Others | Defendant | Corporation | Damages assessed at 10% | Lost | |
| Tan Teck Boon | Plaintiff | Individual | Judgment for the Plaintiff | Won | |
| Lee Gim Siong | Defendant | Individual | Damages assessed at 90% | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Eunice Chua | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The first defendant's car collided with the plaintiff's car.
- The second defendant's lorry collided with the rear of the plaintiff's car.
- The plaintiff sustained fractures to his right thigh bone, right forearm, and left wrist.
- The plaintiff underwent multiple surgeries due to complications with the healing of his right femur.
- The plaintiff was a sole proprietor of a courier business.
- The plaintiff had to subcontract his courier assignments due to his injuries.
- The plaintiff's right leg was shortened by 1 cm.
5. Formal Citations
- Tan Teck Boon v Lee Gim Siong and others, Suit No 563 of 2009 (Notice of Appointment for Assessment No 69 of 2010), [2011] SGHC 76
6. Timeline
| Date | Event |
|---|---|
| Car accident occurred | |
| Plaintiff discharged from hospital | |
| Plaintiff underwent surgery for revision of fixation and bone grafting | |
| Plaintiff underwent further surgery for revision of fixation and bone grafting | |
| Interlocutory judgment entered for the plaintiff | |
| End of Plaintiff's hospitalisation leave | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court assessed damages for pain and suffering, medical expenses, loss of earnings, and loss of earning capacity.
- Category: Substantive
- Sub-Issues:
- Pain and Suffering
- Medical Expenses
- Loss of Earnings
- Loss of Earning Capacity
- Nursing and Care Costs
- Related Cases:
- Loh Chee Wang v Ong Leong Chye, DC Suit No. 4300 of 2003
- Chiam Kim Loke v Lee Wing Hoong [2004] SGHC 37
- Lim Juat Teng v Tan Hong Cheng, DC Suit No. 3711 of 2003
- Donnelly v Joyce [1974] QB 454
- Lee Wei Kong v Ng Siok Tong [2010] SGHC 371
- TV Media Pte Ltd v De Cruz Andrea Heidi [2004] 3 SLR(R) 543
- Chai Kang Wei Samuel v Shaw Linda Gillian [2010] 3 SLR 587
- Ho Yiu v Lim Peng Seng [2004] 4 SLR(R) 675
- Chang Ah Lek v Lim Ah Koon [1998] 3 SLR(R) 551
- Lee Chou Ming v Chua Kok Chai, Suit No. 1320 of 2001
- Wong Kim Lan v Christie Kolandasamy [2004] SGDC 234
- Koh Soon Pheng v Tan Kah Eng [2003] 2 SLR(R) 538
- Negligence
- Outcome: The court found the first defendant negligent, leading to the plaintiff's injuries.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Transportation
- Logistics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Loh Chee Wang v Ong Leong Chye | District Court | Yes | Loh Chee Wang v Ong Leong Chye, DC Suit No. 4300 of 2003 | Singapore | Compared the award for a fractured femur with shortening, noting the plaintiff in the cited case had a less complicated recovery. |
| Chiam Kim Loke v Lee Wing Hoong | High Court | Yes | Chiam Kim Loke v Lee Wing Hoong [2004] SGHC 37 | Singapore | Compared the award for a severe comminuted fracture of the femur with significant shortening and deformity. |
| Lim Juat Teng v Tan Hong Cheng | District Court | Yes | Lim Juat Teng v Tan Hong Cheng, DC Suit No. 3711 of 2003 | Singapore | Authority for the award amount for a closed fracture of the ulna. |
| Donnelly v Joyce | Queen's Bench | Yes | Donnelly v Joyce [1974] QB 454 | England and Wales | Cited for the principle that a court can award special damages for the value of services rendered by a parental caregiver calculated with reference to his or her lost wages. |
| Lee Wei Kong v Ng Siok Tong | High Court | Yes | Lee Wei Kong v Ng Siok Tong [2010] SGHC 371 | Singapore | Cited for the principle that an award may be made under the head of nursing and care based on the cost of employing a maid or a nurse. |
| TV Media Pte Ltd v De Cruz Andrea Heidi | Court of Appeal | Yes | TV Media Pte Ltd v De Cruz Andrea Heidi [2004] 3 SLR(R) 543 | Singapore | Distinguished from the present case as the plaintiff in the cited case required continuous medication for her entire life, whereas the plaintiff in the present case only required intermittent pain medication. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | Chai Kang Wei Samuel v Shaw Linda Gillian [2010] 3 SLR 587 | Singapore | Cited for the principle that the assessment of a claimant’s loss of earnings did not depend on comparing the claimant’s yearly average income before and after the accident but rather on restoring the claimant to the position that he or she would have been (in a monetary sense) had the accident not happened. |
| Ho Yiu v Lim Peng Seng | Court of Appeal | Yes | Ho Yiu v Lim Peng Seng [2004] 4 SLR(R) 675 | Singapore | Cited for the multiplier used for plaintiffs who were 33 at the date of the assessment of damages. |
| Chang Ah Lek v Lim Ah Koon | Court of Appeal | Yes | Chang Ah Lek v Lim Ah Koon [1998] 3 SLR(R) 551 | Singapore | Cited for the multiplier used for plaintiffs who were 31 at the date of the assessment of damages. |
| Lee Chou Ming v Chua Kok Chai | High Court | Yes | Lee Chou Ming v Chua Kok Chai, Suit No. 1320 of 2001 | Singapore | Distinguished from the present case as the grounds of the High Court were not published in this case; hence, the reason for awarding the claimant damages based on a loss of earning capacity rather than a loss of future earnings is unclear. |
| Wong Kim Lan v Christie Kolandasamy | District Court | Yes | Wong Kim Lan v Christie Kolandasamy [2004] SGDC 234 | Singapore | Distinguished from the present case as the plaintiff's injury post-accident resulted in him being completely unable to personally carry out courier assignments. |
| Koh Soon Pheng v Tan Kah Eng | High Court | Yes | Koh Soon Pheng v Tan Kah Eng [2003] 2 SLR(R) 538 | Singapore | Distinguished from the present case as the loss of earnings of the claimant was based on his loss of business income; this fluctuated from year to year. The Court therefore encountered difficulty in fixing a multiplier. |
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
- Damages Assessment
- Personal Injury
- Loss of Earnings
- Loss of Earning Capacity
- Medical Expenses
- Pain and Suffering
- Courier Business
- Subcontractor
- Fracture
- Osteoarthritis
15.2 Keywords
- car accident
- personal injury
- damages
- loss of earnings
- medical expenses
- negligence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Automobile Accidents | 80 |
| Measure of Damages | 70 |
| Damages | 70 |
| Evidence | 50 |
| Contract Law | 30 |
16. Subjects
- Personal Injury
- Damages
- Road Accident