Selvaganthan v Cheung: Road Accident, Negligence, and Spinal Injuries

In Mark Amaraganthan Selvaganthan v Cheung Man Wai, the High Court of Singapore addressed a claim by the plaintiff for damages arising from a road traffic accident. The plaintiff alleged negligence on the part of the defendant, Mdm Cheung Man Wai, and claimed to have suffered spinal injuries as a result. The court, presided over by Judith Prakash J, found the defendant primarily liable but determined that the plaintiff's spinal injuries were not caused or aggravated by the accident. The court awarded the plaintiff $7,000 in general damages for pain and suffering and $4,950 in special damages for hospitalisation fees.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiff for general and special damages.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff sues for damages from a road accident, alleging negligence and spinal injuries. The court found the defendant liable but limited damages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
MARK AMARAGANTHAN SELVAGANTHANPlaintiffIndividualJudgment for PlaintiffPartial
CHEUNG MAN WAIDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Robert Leslie GregoryL G Robert
Ramesh AppooJust Law LLC
Rajashree RajanJust Law LLC

4. Facts

  1. The plaintiff was driving a BMW 530i, and the defendant was driving a Hyundai Getz.
  2. The accident occurred on 1 August 2010 at approximately 6.50pm.
  3. The defendant's vehicle collided into the rear of the plaintiff's vehicle while it was stationary.
  4. The defendant accepted composition in respect of an offence of Careless Driving.
  5. The plaintiff claimed to have suffered a flexion-extension injury to his neck with a C5/6 disc prolapse.
  6. The court found that the impact speed of the accident was low, and the force was insufficient to cause the claimed injuries.
  7. The plaintiff had a pre-existing condition of cervical spondylosis.

5. Formal Citations

  1. Mark Amaraganthan Selvaganthan v Cheung Man Wai, Suit No 485 of 2013, [2015] SGHC 253

6. Timeline

DateEvent
Road traffic accident occurred
Plaintiff returned to work
Plaintiff consulted a general practitioner
Plaintiff consulted Dr Lee Kheng Hin
MRI of the head and neck of the plaintiff was conducted
Plaintiff warded in Gleneagles Hospital
Plaintiff discharged from Gleneagles Hospital
MRI of the plaintiff was conducted
Plaintiff left Credit Suisse
Defendant's vehicle examined by Mr. Koay
Plaintiff's vehicle examined by Mr. Koay
Plaintiff resigned from WIPRO
Plaintiff joined Barclays PLC
Plaintiff examined by Dr Kenneth Sheah
Judgment reserved

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant primarily liable for the accident due to negligence.
    • Category: Substantive
    • Sub-Issues:
      • Contributory Negligence
      • Duty of Care
      • Breach of Duty
      • Causation
  2. Causation of Spinal Injuries
    • Outcome: The court found that the plaintiff's spinal injuries were not caused or aggravated by the accident.
    • Category: Substantive
    • Sub-Issues:
      • Pre-existing condition
      • Aggravation of pre-existing condition
      • Medical evidence
  3. Damages for Pain and Suffering
    • Outcome: The court awarded $7,000 for pain and suffering.
    • Category: Substantive
    • Sub-Issues:
      • Assessment of damages
      • Severity of injury
      • Impact on daily life
  4. Loss of Earning Capacity
    • Outcome: The court found that the plaintiff had not suffered a loss of earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Assessment of loss
      • Impact on employment
      • Future prospects
  5. Loss of Future Earnings
    • Outcome: The court found that there was insufficient evidence to establish that the plaintiff would have been promoted or received the claimed bonus.
    • Category: Substantive
    • Sub-Issues:
      • Loss of promotion opportunity
      • Loss of bonus
      • Causation

8. Remedies Sought

  1. Monetary Damages
  2. Loss of earnings
  3. Loss of earning capacity
  4. Future medical expenses

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation
  • Motor Vehicle Accident Claims

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yao Zhong Ping v Teambuild Construction Pte LtdDistrict CourtYes[2003] SGDC 326SingaporeCited to compare damages awarded for pain and suffering in a case involving a discectomy and further surgery due to complications.
Karuppiah Nirmala v Singapore Bus Services LtdN/AYes[2002] 1 SLR(R) 934SingaporeCited to compare damages awarded for pain and suffering in a case involving a whiplash injury that aggravated cervical spondylosis.
Teo Sing Keng v Sim Ban KiatCourt of AppealYes[1994] 1 SLR(R) 340SingaporeCited for the distinction between loss of earnings and loss of earning capacity.
Fairley v John Thompson (Design & Contracting Division) LtdN/AYes[1973] 2 Lloyd’s Rep 40N/ACited for the distinction between loss of earnings and loss of earning capacity.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the definition of loss of future earnings.
Lee Teck Nam v Kang Hock Seng PaulN/AYes[2005] 4 SLR(R) 14SingaporeCited to support that claims for loss of promotion opportunity fall within the head of loss of future earnings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic Rules (Cap 276, R 20, 1999 Rev Ed), r 29Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Road traffic accident
  • Negligence
  • Flexion-extension injury
  • Cervical spondylosis
  • Whiplash injury
  • Loss of earning capacity
  • Loss of future earnings
  • Contributory negligence
  • Delta-v
  • Traffic accident reconstruction

15.2 Keywords

  • road accident
  • negligence
  • spinal injury
  • Singapore
  • High Court
  • damages

17. Areas of Law

Area NameRelevance Score
Automobile Accidents90
Road Traffic Accident Law90
Personal Injury80
Traffic Incident70
Negligence70
Damages60
Accident Reconstruction60
Contributory negligence60
Causation50
Whiplash Injury50
Evidence40
Loss of Earning Capacity40
Medical Expenses30
Contract Law30

16. Subjects

  • Tort
  • Personal Injury
  • Motor Vehicle Accident
  • Civil Litigation