Minichit Bunhom v Jazali bin Kastari: Special Damages & Employer's Duty under EFMA

In Minichit Bunhom v Jazali bin Kastari, the High Court of Singapore heard an appeal regarding the disallowance of medical expenses as special damages in a negligence claim. The appellant, Minichit Bunhom, a foreign worker, sought to recover medical expenses incurred due to a road traffic accident caused by the respondent, Jazali bin Kastari. Ergo Insurance Pte Ltd intervened. The court considered whether the employer's duty under the Employment of Foreign Manpower Act (EFMA) includes bearing the cost of medical treatment when a third party is liable. The court dismissed the appeal, finding that the employer had a non-delegable statutory duty to cover the medical expenses, and allowing the claim would result in double recovery.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding medical expenses as special damages in a negligence claim. The court considered the employer's duty under the EFMA to cover foreign worker's medical costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Minichit BunhomAppellant, PlaintiffIndividualAppeal DismissedLost
Jazali bin KastariRespondent, DefendantIndividualJudgment in favorWon
Ergo Insurance Pte LtdRespondentCorporationJudgment in favorWon

3. Judges

Judge NameTitleDelivered Judgment
See Kee OonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Simon YuenLegal Clinic LLC
Mahendra Prasad RaiCooma & Rai

4. Facts

  1. The appellant, a foreign worker, was injured in a road traffic accident.
  2. The accident occurred in the course of the appellant’s employment with KPW Singapore Pte Ltd.
  3. KPW paid for the appellant’s medical expenses.
  4. The appellant claimed he could not afford the medical expenses and KPW paid them “by way of an advance”.
  5. The District Judge found the 1st respondent not liable to compensate the appellant for medical expenses.
  6. The Employment of Foreign Manpower Act imposed a duty on KPW to bear the cost of medical treatment.
  7. Allowing the claim would result in double recovery for the appellant.

5. Formal Citations

  1. Minichit Bunhom v Jazali bin Kastari and another, HC/Registrar’s Appeal (State Courts) No 22 of 2016, [2016] SGHC 271

6. Timeline

DateEvent
Road traffic accident occurred involving Minichit Bunhom and Jazali bin Kastari.
Minichit Bunhom brought an action in the District Court claiming special damages.
Hearing
Hearing
Appeal dismissed.

7. Legal Issues

  1. Special Damages
    • Outcome: The court held that the appellant was not entitled to recover medical expenses as special damages.
    • Category: Substantive
    • Sub-Issues:
      • Medical expenses
      • Double recovery
    • Related Cases:
      • [2016] SGHC 129
      • [2012] 1 SLR 751
  2. Employer's Duty under EFMA
    • Outcome: The court held that the employer has a non-delegable statutory duty to bear the cost of medical treatment for foreign employees.
    • Category: Substantive
    • Sub-Issues:
      • Non-delegable statutory duty
      • Medical insurance coverage
    • Related Cases:
      • [2012] 1 SLR 751

8. Remedies Sought

  1. Special Damages
  2. Medical Expenses

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Insurance Defense

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sun Delong v Teo Poh SunHigh CourtYes[2016] SGHC 129SingaporeCited regarding the entitlement of an injured plaintiff-employee to claim medical expenses as special damages when the employer has paid those expenses upfront.
Lee Chiang Theng v Public ProsecutorHigh CourtYes[2012] 1 SLR 751SingaporeCited for guidance on the scope of employers’ duties under the Employment of Foreign Manpower Act.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Special damages
  • Double recovery
  • Employment of Foreign Manpower Act
  • Non-delegable statutory duty
  • Medical expenses
  • Foreign worker
  • Medical insurance

15.2 Keywords

  • negligence
  • special damages
  • employment of foreign manpower act
  • medical expenses
  • foreign worker

17. Areas of Law

Area NameRelevance Score
Negligence90
Special Damages80
Personal Injury75
Medical Expenses70
Double Recovery60
Foreign Worker Rights50
Automobile Accidents40
Employment Law30
Work Injury Compensation20
Contract Law15
Civil Procedure10
Civil Litigation10

16. Subjects

  • Tort
  • Employment Law
  • Insurance