Soon Khai Min v Tiang Siew Keng: Work Injury Compensation Act & Third-Party Liability

In Soon Khai Min (administratrix of the estate of Yan Yik Peng, deceased) and another v Tiang Siew Keng and another, the High Court of Singapore addressed the issue of whether an employee is entitled to claim damages from a third party after receiving compensation under the Work Injury Compensation Act (WICA) from their employer. The plaintiffs, Soon Khai Min and another, filed a claim against the defendants, Tiang Siew Keng and another, following a fatal road accident. The court struck out the plaintiffs' claim, holding that Section 18(1)(a) of the WICA precludes an employee from recovering damages from a third party once they have received compensation under the Act.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiffs' claim struck out; Plaintiffs ordered to return interim payment to AIG.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addressed whether an employee can claim damages from a third party after receiving compensation under the Work Injury Compensation Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AnotherPlaintiffOtherClaim struck outLost
Soon Khai Min (administratrix of the estate of Yan Yik Peng, deceased)PlaintiffIndividualClaim struck outLost
Tiang Siew KengDefendantIndividualClaim DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Sim Khadijah ARAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Shahira AnuarTan Kok Quan Partnership
Charles Phua Cheng SyeTan Kok Quan Partnership
Melvin Tan Kai-LitAscentsia Law Corporation

4. Facts

  1. Yan Yik Peng died in a road traffic accident on 13 July 2011.
  2. The 2nd Defendant was driving the 1st Defendant’s Vehicle at the material time.
  3. The 2nd Defendant was convicted under Section 304A of the Penal Code for causing death by a negligent act.
  4. The 1st Plaintiff received S$140,000.00 in compensation under the Work Injury Compensation Act.
  5. The Plaintiffs also received an interim payment of S$23,000.00 from the Defendants’ insurers.
  6. The Plaintiffs filed a Writ of Summons seeking damages from the Defendants.

5. Formal Citations

  1. Soon Khai Min (administratrix of the estate of Yan Yik Peng, deceased) and another v Tiang Siew Keng and another, Suit No 594 of 2013 (Summons No 4978 of 2013 and 5230 of 2013), [2013] SGHCR 25

6. Timeline

DateEvent
Road traffic accident occurred
Notice of Assessment of Compensation served by the Assistant Commissioner for Labour
Compensation Amount disbursed by QBE Insurance to the Commissioner for Labour
2nd Defendant convicted under Section 304A of the Penal Code
Interim Payment of S$23,000.00 made by AIG to the Plaintiffs
QBE wrote to AIG seeking reimbursement of the Compensation Amount
Plaintiffs filed their Writ of Summons
Defendants filed their Defence
Defendants filed Summons 4978
Plaintiffs’ Reply filed
Plaintiffs filed Summons 5230
Hearing of Summons 4978
Special date hearing for both Summonses
Judgment reserved

7. Legal Issues

  1. Double Recovery
    • Outcome: The court held that Section 18(1)(a) of the Work Injury Compensation Act precludes an employee from recovering damages from a third party once they have received compensation under the Act.
    • Category: Substantive
    • Related Cases:
      • [2002] 2 SLR(R) 945
      • [2006] 1 SLR(R) 102
  2. Ignorance or Mistake of Law
    • Outcome: The court found that there was no evidence of ignorance or mistake on the part of the 1st Plaintiff in accepting the Compensation Amount.
    • Category: Substantive
    • Related Cases:
      • [2006] 1 SLR(R) 102

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chua Ah Beng v Commissioner for LabourHigh CourtYes[2002] 2 SLR(R) 945SingaporeCited to support the principle that a workman may sue a stranger and make a claim under the Work Injury Compensation Act at the same time but may not be compensated twice for the same injury.
Ying Tai Plastic & Metal Manufacturing (S) Pte Ltd v Zahrin bin RabuCourt of AppealYes[1983-1984] SLR(R) 212SingaporeReferring to the Court of Appeal decision of Ying Tai Plastic & Metal Manufacturing (S) Pte Ltd v Zahrin bin Rabu [1983-1984] SLR(R) 212
Kamis bin Satari v Nasir NatarajanHigh CourtYes[2006] 1 SLR(R) 102SingaporeCited to support the principle that a workman who has received compensation under a mistake may avoid the consequence of the mistake by returning the compensation he has received.
Cosmic Insurance Corp Ltd v United Oil Co Pte LtdHigh CourtYes[2006] 3 SLR(R) 236SingaporeCited to support the principle that all heads of claim had to be included in his common law claim and not some under the common law claim and some under a claim for compensation

13. Applicable Rules

Rule Name
Order 18, rule 19 of the Rules of Court (Cap. 332, 2006 Rev. Ed.)
Order 14, rule 12 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Work Injury Compensation Act (Cap. 354, 2009 Rev. Ed.)Singapore
Section 18(1)(a) of the Work Injury Compensation Act (Cap. 354, 2009 Rev. Ed.)Singapore
Section 2(3) of the Work Injury Compensation ActSingapore
Section 6(1) of the Work Injury Compensation ActSingapore
Section 33(2)(a) of the Work Injury Compensation ActSingapore
Section 304A of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Work Injury Compensation Act
  • Double Recovery
  • Third-Party Liability
  • Ignorance of Law
  • Mistake of Law

15.2 Keywords

  • Work Injury Compensation Act
  • Third Party
  • Damages
  • Compensation
  • Double Recovery

17. Areas of Law

Area NameRelevance Score
Work Injury Compensation90
Automobile Accidents60
Personal Injury50
Civil Litigation30
Civil Practice30
Criminal Law20
Contract Law10

16. Subjects

  • Civil Procedure
  • Work Injury
  • Compensation