Chua Ser Kenon v Karuppiah Jai Sankar: Assessment of Damages for Personal Injury
In Chua Ser Kenon v Karuppiah Jai Sankar, the High Court of Singapore heard an appeal by the plaintiff, Chua Ser Kenon, against the decision of the Assistant Registrar regarding the assessment of damages for injuries sustained in a lorry accident. The plaintiff, a doctor, claimed for loss of earning capacity and loss of future earnings. The High Court dismissed the appeal, upholding the Assistant Registrar's award of a nominal sum of $1,000 for loss of future earnings and the dismissal of the claim for loss of earning capacity, finding no evidence that the plaintiff would earn less as an orthopaedic surgeon due to the injury.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; the Assistant Registrar's award of a nominal sum of $1,000 for loss of future earnings and dismissal of the claim for loss of earning capacity were upheld.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court appeal concerning the assessment of damages for a doctor injured in a lorry accident, focusing on loss of earning capacity and future earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Another | Defendant, Respondent | Other | Judgment upheld | Won | |
| Chua Ser Kenon | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Karuppiah Jai Sankar | Defendant, Respondent | Individual | Judgment upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cecilia Lee Thomas | Bogaars & Din |
| Anparasan s/o Kamachi | KhattarWong LLP |
4. Facts
- The plaintiff, a 29-year-old doctor, was injured in a lorry accident on 21 August 2009.
- The plaintiff suffered a fracture of the right acetabulum (right hip bone).
- The plaintiff underwent two surgical operations to stabilize the hip region.
- The plaintiff was admitted into a Residency Programme under SingHealth to qualify as an orthopaedic specialist.
- The plaintiff claimed that his injury would result in a 10% loss of future earnings over 12 years as an orthopaedic surgeon.
- The Assistant Registrar awarded the plaintiff $39,384.24 (at 75%) plus interests and costs.
- The plaintiff appealed against the dismissal of his claim for loss of earning capacity and the award of a nominal sum for loss of future earnings.
5. Formal Citations
- Chua Ser Kenon v Karuppiah Jai Sankar and another, Suit No 394 of 2012 (HC/Registrar's Appeal No 84 of 2015), [2015] SGHC 127
6. Timeline
| Date | Event |
|---|---|
| Plaintiff was knocked down by a lorry and injured. | |
| Plaintiff was discharged from hospital. | |
| Interlocutory judgment obtained at 75% liability against the defendants. | |
| Assessment of damages was heard before the learned Assistant Registrar. | |
| The learned AR awarded the plaintiff $39,384.24 (at 75%) plus interests and costs against the defendants. | |
| Judgment reserved. |
7. Legal Issues
- Loss of Earning Capacity
- Outcome: The court found no evidence that the plaintiff would lose his job or that his earning capacity would be diminished.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court upheld the award of a nominal sum of $1,000, finding the plaintiff's claim for loss of future earnings to be speculative.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Loss of Earning Capacity
- Loss of Future Earnings
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Loss of earning capacity
- Loss of future earnings
- Orthopaedic surgeon
- Residency Programme
- Acetabulum fracture
15.2 Keywords
- personal injury
- damages
- loss of earning capacity
- loss of future earnings
- orthopaedic surgeon
- accident
- negligence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Measure of Damages | 80 |
| Damages | 75 |
| Automobile Accidents | 70 |
| Evidence | 50 |
| Civil Procedure | 30 |
| Medical Negligence | 20 |
16. Subjects
- Personal Injury
- Damages Assessment
- Medical Negligence