Mullaichelvan v Lee: Assessment of Damages for Road Traffic Accident Injuries
In a case before the High Court of Singapore on 21 January 2013, Colin Seow AR assessed damages for Mullaichelvan s/o Perumal, the Plaintiff, against Lee Heng Kah, the Defendant, following a road traffic accident. The parties had previously reached a consent judgment where the Defendant was liable for 95% of the damages. The assessment included various injuries suffered by the Plaintiff, such as head injuries, a left brachial plexus injury, and lower limb injuries, as well as claims for pre-trial loss of income and loss of future earnings. The court awarded a total of $741,795.84 to the Plaintiff after a 5% deduction for liability.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for Mullaichelvan's injuries from a road traffic accident with Lee, focusing on head injuries, brachial plexus injury, and loss of income.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Mullaichelvan s/o Perumal | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lee Heng Kah | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Colin Seow | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The Plaintiff was riding a motorcycle, and the Defendant was driving a motor vehicle when the accident occurred.
- The Plaintiff suffered head injuries, including traumatic subarachnoid haemorrhage and a fracture of the left frontal skull bone.
- The Plaintiff suffered a left brachial plexus injury leading to paralysis of the left upper limb.
- The Plaintiff suffered fractures to the left ankle and toes.
- The Plaintiff suffered a fracture of the right wrist.
- The Plaintiff was working as a permanent night shift container driver/prime mover prior to the accident.
- The parties reached a consent judgment where the Defendant was liable for 95% of the damages.
5. Formal Citations
- Mullaichelvan s/o Perumal v Lee Heng Kah, Suit No 274 of 2011 (Notice of Appointment for Assessment of Damages No 43 of 2012), [2013] SGHCR 3
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Plaintiff commenced a suit against the Defendant | |
| Consent judgment recorded | |
| Notice of Appointment for Assessment of Damages filed | |
| Hearing before AR began | |
| Hearing before AR ended | |
| Parties' written submissions tendered | |
| Parties' reply submissions tendered | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Head Injuries
- Outcome: The court awarded $45,000 for structural head damage.
- Category: Substantive
- Sub-Issues:
- Severity of structural damage
- Comparison with similar cases
- Related Cases:
- [2012] 2 SLR 85
- [2012] 3 SLR 496
- [2008] 4 SLR(R) 825
- Assessment of Damages for Brachial Plexus Injury
- Outcome: The court awarded $53,000 for the left brachial plexus injury, consequential numbness, and injury to the left hemi diaphragm.
- Category: Substantive
- Sub-Issues:
- Paralysis of upper limb
- Consequential numbness
- Consequential injury to hemi diaphragm
- Related Cases:
- [1991] 1 SLR(R) 922
- [1993] SGHC 134
- Assessment of Pre-Trial Loss of Income
- Outcome: The court assessed the Plaintiff's pre-trial loss of income to be $170,104.19.
- Category: Substantive
- Sub-Issues:
- Calculation of average monthly income
- Mitigation of loss of income
- Appropriate multiplier
- Related Cases:
- [1996] 2 SLR(R) 420
- Assessment of Loss of Future Earnings
- Outcome: The court awarded $375,508.56 for loss of future earnings.
- Category: Substantive
- Sub-Issues:
- Discount on multiplicand
- Appropriate multiplier
- Assessment of Loss of Earning Capacity
- Outcome: The court did not grant any award of damages for loss of earning capacity.
- Category: Substantive
- Sub-Issues:
- Evidence to support claim
- Related Cases:
- [2010] 3 SLR 587
8. Remedies Sought
- Assessment of Damages
- Monetary Compensation
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong | High Court | Yes | [2012] 2 SLR 85 | Singapore | Cited to compare the severity of head injuries and determine an appropriate award for structural head damage. |
| Tan Juay Mui (by his next friend Chew Chwee Kim) v Sher Kuan Hock and another (Liberty Insurance Pte Ltd, co-defendant; Liberty Insurance Pte Ltd and another, third parties) | High Court | Yes | [2012] 3 SLR 496 | Singapore | Cited to compare the severity of head injuries and determine an appropriate award for structural head damage. |
| Tan Yu Min Winston v Uni-Fruitveg Pte Ltd | High Court | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited to compare the severity of head injuries and determine an appropriate award for structural head damage. |
| Ooi Han Sun and another v Bee Hua Meng | High Court | Yes | [1991] 1 SLR(R) 922 | Singapore | Cited to determine a fair and reasonable award for brachial plexus injuries. |
| Fauziyah Binte Mansor v Abu Bakar Hussin | High Court | Yes | [1993] SGHC 134 | Singapore | Cited to determine a fair and reasonable award for brachial plexus injuries. |
| Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally) v Chua Gim Hock | High Court | Yes | [2008] SGHC 33 | Singapore | Cited to compare the severity of head injuries. |
| Wee Sia Tian v Long Thik Boon | High Court | Yes | [1996] 2 SLR(R) 420 | Singapore | Cited regarding the mitigation of pre-trial loss of income by seeking re-employment. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | High Court | Yes | [2010] 3 SLR 587 | Singapore | Cited regarding the award of damages for both loss of future earnings and loss of earning capacity. |
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
- Road traffic accident
- Assessment of damages
- Head injuries
- Brachial plexus injury
- Loss of income
- Loss of future earnings
- Multiplier
- Multiplicand
- Consent judgment
- Mitigation of loss
15.2 Keywords
- road traffic accident
- personal injury
- damages
- assessment
- negligence
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Automobile Accidents | 90 |
| Personal Injury | 85 |
| Road Traffic Accident Law | 80 |
| Assessment of Damages | 75 |
| Measure of Damages | 70 |
| Evidence | 60 |
| Civil Procedure | 50 |
16. Subjects
- Personal Injury
- Damages Assessment
- Road Accidents