Zeng Min v Mak Weng Tuck: Assessment of Damages for Fatal Collision
In Zeng Min and others v Mak Weng Tuck, the High Court of Singapore assessed damages arising from a fatal collision where Zhang Lan was killed. The plaintiffs, Zeng Min (wife), Zhang Gu (father), and Luo Ping (mother), sued Mak Weng Tuck for depriving them of pecuniary benefits. The court determined the amounts for bereavement, special damages, and dependency claims for the wife and parents, considering factors like the deceased's income, potential salary increments, and the dependants' financial circumstances. The court awarded a total of $261,952.25 in general damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiffs; damages assessed for bereavement, special damages, and dependency claims.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages arising from a fatal collision. The court determined the dependency claims of the wife and parents of the deceased.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zeng Min | Plaintiff | Individual | Dependency claim allowed | Won | |
| Zhang Gu | Plaintiff | Individual | Dependency claim allowed | Won | |
| Luo Ping | Plaintiff | Individual | Dependency claim allowed | Won | |
| Mak Weng Tuck | Defendant | Individual | Damages assessed against defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Terence Tan Zhong Wei | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Hwee Tong Eric | Gabriel Law Corporation |
| Anparasan s/o Kamachi | KhattarWong LLP |
4. Facts
- Zhang Lan died on 21 June 2009 due to injuries sustained in a collision on 20 June 2009.
- At the time of the accident, Zhang Lan was working as a research fellow with I2R, earning $4,600.00 per month.
- I2R's offer of appointment stated that Zhang Lan's salary would be revised to $4,900.00 upon conferment of a PhD.
- Zhang Lan was conferred his PhD on 31 May 2010.
- Zeng Min, the wife, was 29 years old at the time of Zhang Lan's death and was working as an engineer earning $3,700.00 per month at the time of the judgement.
- Zhang Gu and Luo Ping, the parents, are retired and live in China, receiving monthly pensions of RMB2,659.00 and RMB1,500.00 respectively.
- The parents claimed the deceased sent them money since 2004, gave them money during festive occasions, and contributed to their home purchase in 2008.
5. Formal Citations
- Zeng Min and others (dependants of Zhang Lan, deceased) v Mak Weng Tuck, Suit No 11 of 2011/S, [2012] SGHCR 9
6. Timeline
| Date | Event |
|---|---|
| Fatal collision between Zhang Lan and Mak Weng Tuck's taxi | |
| Zhang Lan passed away | |
| Zhang Lan conferred PhD | |
| Suit filed by Zeng Min and others | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed damages for bereavement, special damages, and dependency claims.
- Category: Substantive
- Related Cases:
- [1998] 2 SLR(R) 801
- [1990] SLR 331
- [1921] 2 KB 461
- [1994] 3 SLR(R) 395
- [1999] 1 SLR(R) 1068
- [2009] 1 SLR(R) 819
- [1983-1984] SLR(R) 618
- [1990] 1 SLR(R) 235
- [2004] 1 SLR(R) 513
- [2004] SGHC 21
- [1992] 1 SLR(R) 535
- [2004] SGHC 93
- [1995] SGHC 116
- [2008] 3 SLR(R) 735
- Dependency Claim
- Outcome: The court determined the dependency claims of the wife and parents of the deceased, considering factors like the deceased's income, potential salary increments, and the dependants' financial circumstances.
- Category: Substantive
- Related Cases:
- [1998] 2 SLR(R) 801
- [1990] SLR 331
- [1921] 2 KB 461
- [1994] 3 SLR(R) 395
- [1999] 1 SLR(R) 1068
- [2009] 1 SLR(R) 819
- [1983-1984] SLR(R) 618
- [1990] 1 SLR(R) 235
- [2004] 1 SLR(R) 513
- [2004] SGHC 21
- [1992] 1 SLR(R) 535
- [2004] SGHC 93
- [1995] SGHC 116
- [2008] 3 SLR(R) 735
8. Remedies Sought
- Damages for pecuniary loss
9. Cause of Actions
- Wrongful Act Causing Death
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Research
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Teo Chee Yeow Aloysius and another v Tan Harry and another | High Court | Yes | [2004] 3 SLR(R) 588 | Singapore | Cited regarding the appropriate amount to award for costs of obtaining Letters of Administration. |
| Gul Chandiram Mahtani and another (administrators of the estate of Harbajan Kaur, deceased) v Chain Singh and another | Court of Appeal | Yes | [1998] 2 SLR(R) 801 | Singapore | Cited for the principle that damages are to be calculated in reference to a reasonable expectation of pecuniary benefit from the continuance of life. |
| Ng Siew Choo v Tan Kian Choon | High Court | Yes | [1990] SLR 331 | Singapore | Cited for the principle that there is no need to show that the dependant was receiving pecuniary benefit at the time of death; a purely prospective loss is sufficient. |
| Barnett v Cohen | King's Bench | Yes | [1921] 2 KB 461 | England and Wales | Cited to illustrate a case where the claim was too speculative. |
| Ling Kee Ling and another v Leow Leng Siong and others | High Court | Yes | [1994] 3 SLR(R) 395 | Singapore | Cited for the principle that the starting point in the calculation of the multiplier is the number of years that it is anticipated the dependency would have lasted had the deceased not been killed. |
| Ho Yeow Kim v Lai Hai Kuen | Court of Appeal | Yes | [1999] 1 SLR(R) 1068 | Singapore | Cited for the principle that the court will consider the age and expected working life of the deceased, as well as the age and expected life span of the dependants in selecting the multiplier. |
| Balanalagirisamy Gowri Rajeswari and another (administrators of the estate of Radhakrishnan Hari Babu, deceased) v Wong Si Wah | High Court | Yes | [2009] 1 SLR(R) 819 | Singapore | Cited for the method of ascertaining the deceased's net annual income and deducting from that figure the deceased's own expenses. |
| See Ah Haw v Ong Hock Thian and another | High Court | Yes | [1983-1984] SLR(R) 618 | Singapore | Cited for the principle that one should begin by considering the deceased's basic salary to arrive at the deceased's net annual income. |
| Ng Siew Choo v Tan Kian Choon | High Court | Yes | [1990] 1 SLR(R) 235 | Singapore | Cited for the factors which affect the determination of the multiplicand. |
| Tan Harry and another v Teo Chee Yeow Aloysius and another | High Court | Yes | [2004] 1 SLR(R) 513 | Singapore | Cited regarding the consideration of future salary increases in calculating the multiplicand. |
| Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another | High Court | Yes | [2004] SGHC 21 | Singapore | Cited regarding the application of a percentage increase in salary. |
| See Soon Soon v Goh Yong Kwang and another | High Court | Yes | [1992] 1 SLR(R) 535 | Singapore | Cited for the conventional figure of 33% applied to a family unit of husband and wife in calculating the net dependency under the Fatal Accident Acts. |
| Cheong Gim Fah and Another v Murugian s/o Rangasamy | High Court | Yes | [2004] SGHC 93 | Singapore | Cited regarding the value of the dependency as claimed by the plaintiff. |
| Ang Song Huay v Chu Yong Thiam | High Court | Yes | [1995] SGHC 116 | Singapore | Cited regarding the multiplier applied to a dependant plaintiff. |
| Man Mohan Singh s/o Jothirambal Singh and another v Zurich Insurance (Singapore) Pte Ltd (now known as QBE Insurance (Singapore) Pte Ltd) and another and another appeal | Court of Appeal | Yes | [2008] 3 SLR(R) 735 | Singapore | Cited regarding the multiplier for the parents. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Dependency claim
- Multiplier
- Multiplicand
- Bereavement sum
- Special damages
- General damages
- Letters of Administration
- Annual Wage Supplement
- Monthly Variable Component
15.2 Keywords
- fatal collision
- assessment of damages
- dependency claim
- pecuniary loss
- wrongful death
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Assessment of Damages | 95 |
| Wrongful Death | 90 |
| Measure of Damages | 85 |
| Personal Injury | 70 |
| Automobile Accidents | 60 |
| Civil Procedure | 50 |
| Family Law | 30 |
| Succession Law | 20 |
16. Subjects
- Fatal Accidents
- Damages
- Civil Procedure