Toh Wai Sie v Ranjendran: Road Accident, Damages Assessment for PVS Patient
In Toh Wai Sie and another v Ranjendran s/o G Selamuthu, the High Court of Singapore heard an appeal regarding the assessment of damages for Toh Wai Yee, who suffered severe injuries in a road accident caused by Ranjendran. The plaintiffs, Wai Yee's sister and mother, sought damages for pre-trial losses, pain and suffering, recurring monthly expenses, and loss of future earnings. The court varied the Assistant Registrar's decision, adjusting the amounts awarded for loss of future earnings, nursing care costs, and employers' CPF contribution. Both parties have appealed to the Court of Appeal against this decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
I varied the AR’s decision.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court appeal concerning damages assessment for Toh Wai Yee, rendered PVS after a road accident. The court varied the Assistant Registrar's decision on future earnings and care costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Toh Wai Sie | Plaintiff | Individual | Partial | Partial | |
| Ranjendran s/o G Selamuthu | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | J | Yes |
4. Counsels
4. Facts
- On 14 July 2008, Toh Wai Yee was hit by a car driven by the defendant.
- Wai Yee suffered skull fractures and was rendered unconscious.
- Wai Yee was initially cared for at home by a maid after being discharged from the hospital.
- Wai Yee was later moved to Orange Valley Nursing Home due to the increasing difficulty in managing her condition.
- Wai Yee remains in a persistent vegetative state (PVS).
- Interlocutory judgment was entered by consent with 80% liability borne by the defendant.
5. Formal Citations
- Toh Wai Sie and another v Ranjendran s/o G Selamuthu, Suit No 324 of 2010 (Registrar's Appeal No 334 of 2011), [2012] SGHC 33
6. Timeline
| Date | Event |
|---|---|
| Road accident occurred, injuring Toh Wai Yee | |
| Toh Wai Yee moved to Orange Valley Nursing Home | |
| Writ of summons filed | |
| Interlocutory judgment entered by consent for the plaintiffs | |
| Assessment of damages took place | |
| Assessment of damages took place | |
| Assessment of damages took place | |
| Parties attended before the judge with the Public Trustee’s representative | |
| Decision Date |
7. Legal Issues
- Assessment of Damages
- Outcome: The court varied the Assistant Registrar's decision, adjusting the amounts awarded for loss of future earnings, nursing care costs, and employers' CPF contribution.
- Category: Substantive
- Sub-Issues:
- Loss of future earnings
- Cost of nursing care
- Preventive physiotherapy expenses
- Future medical expenses
- Employers’ CPF contribution
- Loss of Future Earnings
- Outcome: The court reduced the multiplier used to calculate loss of future earnings from 15 years to 11 years and adjusted the multiplicand to account for transport expenditure.
- Category: Substantive
- Cost of Nursing Care
- Outcome: The court affirmed the need for nursing care at Orange Valley and adjusted the monthly cost to $3,000, resulting in a total award of $324,000.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
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 |
|---|---|---|---|---|---|
| Teo Sing King v Sim Ban Kiat | High Court | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited regarding deduction for income tax liability on future earnings. |
| Toon Chee Meng Eddie v Yeap Chin Hon | Court of Appeal | Yes | [1993] 2 SLR 536 | Singapore | Cited regarding the proportion of food and lodging costs in private institutional care. |
| Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang | High Court | Yes | [2010] 2 SLR 1037 | Singapore | Cited regarding interest on future pecuniary losses. |
| Lee Wei Kong v Ng Siok Tong | High Court | Yes | [2010] SGHC 371 | Singapore | Cited regarding the calculation of loss of future earnings. |
| Teo Sing King v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR 634 | Singapore | Cited regarding deduction for income tax liability on future earnings. |
| Peh Diana & Anor v Tan Miang Lee | High Court | Yes | [1991] 3 MLJ 375 | Malaysia | Cited regarding deduction for income tax liability on future earnings. |
| Lee Teck Nam v Kay Hock Seng Paul | High Court | Yes | [2005] SGHC 54 | Singapore | Cited regarding the claim for future increments and promotion opportunity properly falls within a claim for loss of future earnings |
| Ang Leng Hock v Leo Ee Ah | High Court | Yes | [2004] SGHC 55 | Singapore | Cited regarding multiplier for self-employed caterer |
| Chong Hwa Yin (committee of person and estate of Chong Hwa Wee, mentally disordered) v Estate of Loh Hon Fock, decd | High Court | Yes | [2006] 3 SLR(R) 208 | Singapore | Cited regarding future physiotherapy costs as a separate item from nursing care |
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
- Persistent Vegetative State
- Nursing Care Costs
- Loss of Future Earnings
- Multiplier
- Multiplicand
- Preventive Physiotherapy
- Road Accident
- Damages Assessment
15.2 Keywords
- road accident
- damages
- personal injury
- negligence
- nursing care
- loss of earnings
- PVS
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Automobile Accidents | 90 |
| Personal Injury | 85 |
| Damages Assessment | 70 |
| Measure of Damages | 65 |
| Civil Procedure | 30 |
| Evidence | 25 |
16. Subjects
- Tort
- Personal Injury
- Damages
- Medical Negligence