Wan Kam Fook v Kor Xie Wey: Dependency Claim for Fatal Motor Accident

In Wan Kam Fook and another (dependents of Chin Talap a/p Wan Kam Fook, deceased) v Kor Xie Wey and another, the High Court of Singapore heard a dependency claim initiated by the parents of the deceased, Chin Talap a/p Wan Kam Fook, who died in a motor traffic accident. The plaintiffs sued Kor Xie Wey, the motorcyclist, and Ong Chee Yi, Andy, the driver of the prime mover. Interlocutory judgment was entered in favor of the plaintiffs, apportioning liability 20% to the first defendant and 80% to the second defendant. The court assessed damages for the dependency claim, bereavement, and funeral expenses, awarding a total of $152,844.55, with $122,275.64 payable by the second defendant and $30,568.91 payable by the first defendant. The first defendant's counterclaim against the second defendant was also addressed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiffs; damages awarded for dependency claim, bereavement, and funeral expenses.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case concerning a dependency claim after a fatal motor accident. The court assessed damages for the deceased's parents, considering prospective earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wan Kam FookPlaintiffIndividualPartial JudgmentPartialNamasivayam Srinivasan
Kor Xie WeyDefendantIndividualJudgment AgainstLostSuresh s/o Damodara
Ong Chee Yi, AndyDefendantIndividualJudgment AgainstLostNagaraja S. Maniam
another (dependents of Chin Talap a/p Wan Kam Fook, deceased)PlaintiffIndividualPartial JudgmentPartialNamasivayam Srinivasan

3. Judges

Judge NameTitleDelivered Judgment
Miyapan RamuAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Namasivayam SrinivasanHoh Law Corporation
Suresh s/o DamodaraDamodara Hazra LLP
Nagaraja S. ManiamM Rama Law Corporation

4. Facts

  1. The deceased, a 19-year-old Malaysian girl, died in a motor traffic accident on 29 November 2010.
  2. The deceased was a 3rd semester student undertaking a business studies course at a Malaysian polytechnic.
  3. The deceased was planning to marry the 1st Defendant in November 2011 and work in Singapore.
  4. The 1st Plaintiff works as a lorry driver earning MYR$1,800 per month and MYR$7000 annually from crop sales.
  5. The 2nd Plaintiff earns MYR$300 per month during non-rainy seasons and MYR$120 per month during rainy seasons from rubber tapping.
  6. Interlocutory judgment was entered with 20% liability apportioned to the 1st Defendant and 80% to the 2nd Defendant.

5. Formal Citations

  1. Wan Kam Fook and another (dependents of Chin Talap a/p Wan Kam Fook, deceased) v Kor Xie Wey and another, Suit No 117 of 2012 (Assessment of Damages 20 of 2014), [2014] SGHCR 15

6. Timeline

DateEvent
Motor traffic accident occurred, resulting in the death of Chin Talap a/p Wan Kam Fook.
Deceased was scheduled to undergo her final semester at a Malaysian polytechnic.
Interlocutory judgment was entered in favor of the Plaintiffs.
Exchange rate of SGD$1 = MYR$2.57 was recorded.
Judgment reserved.

7. Legal Issues

  1. Quantum of Damages for Dependency Claim
    • Outcome: The court determined the appropriate multiplicand to be $1687, the apportionment of prospective earnings to be 25%, and applied separate multipliers for each parent based on their life expectancy.
    • Category: Substantive
    • Sub-Issues:
      • Appropriate Multiplicand
      • Apportionment of Prospective Earnings
      • Multiplier
    • Related Cases:
      • [1998] SGHC 376
      • [2013] SGHC 104
      • [1999] 1 SLR(R) 1068
      • [2008] 3 SLR(R) 735

8. Remedies Sought

  1. Damages for Loss of Dependency
  2. Bereavement Damages
  3. Funeral Expenses

9. Cause of Actions

  • Negligence
  • Dependency Claim

10. Practice Areas

  • Personal Injury Law
  • Civil Litigation

11. Industries

  • Transportation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Ngo Hwa & Lim Soei Pin (administrator & co administratix of the estate of Tan Wan Chin, deced) v Siew Mun PhuiSingapore High CourtYes[1998] SGHC 376SingaporeCited by the Plaintiffs to support their claim for a multiplicand of $2000 per month, based on the deceased's prospective earnings. The court distinguished this case based on the deceased's educational prospects.
Fong Khim Ling (administrator of the estate of Fong Ching Pau Llyod, deceased) v Tan Teck AnnSingapore High CourtYes[2013] SGHC 104SingaporeCited by the 2nd Defendant to argue that the court should assess the value of the reasonable expectation of pecuniary benefit on the part of the deceased’s dependants and that each case ought to turn on its own facts.
Ho Yeow Kim v Lai Hai KuenCourt of AppealYes[1999] 1 SLR(R) 1068SingaporeCited by the Plaintiffs to support their claim that the deceased would have given 40% of her salary on the average to her parents.
Man Mohan Singh s/o Jothirambal Singh v Zurich Insurance (Singapore) Pte LtdCourt of AppealYes[2008] 3 SLR(R) 735SingaporeCited by the Plaintiffs to argue that life expectancy estimates submitted by the 2nd Defendant should not be relied upon as they were based on life expectancy at birth.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Multiplicand
  • Multiplier
  • Apportionment
  • Dependency Claim
  • Life Expectancy
  • Prospective Earnings

15.2 Keywords

  • motor accident
  • dependency claim
  • damages
  • fatal accident
  • assessment of damages

16. Subjects

  • Damages
  • Personal Injury
  • Motor Accidents

17. Areas of Law

  • Assessment of Damages
  • Dependency Claim
  • Motor Accident Law
  • Tort Law