Rahman Lutfar v Scanpile Constructors: Personal Injury Damages Assessment
In Rahman Lutfar v Scanpile Constructors Pte Ltd and Or Kim Peow Contractors (Private) Limited, the High Court of Singapore assessed damages for Mr. Rahman Lutfar, a Bangladeshi national, who sustained severe injuries, including the amputation of his right leg, while working at a construction site. Interlocutory judgment was entered against the Defendants by consent at 95%. The court, presided over by Aedit Abdullah JC, awarded the Plaintiff $426,437.90, considering medical evidence, loss of earnings, and future expenses. The Defendants' appeal was noted.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 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 Rahman Lutfar, a Bangladeshi national, who suffered severe injuries at a construction site. The court awarded $426,437.90 in damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rahman Lutfar | Plaintiff | Individual | Judgment for Plaintiff | Won | Bhaskaran Shamkumar |
| Scanpile Constructors Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost | Anparasan S/O Kamachi, Lin Hui Yin, Sharon, Wong Jing Ying Audrey |
| Or Kim Peow Contractors (Private) Limited | Defendant | Corporation | Judgment against Defendant | Lost | Anparasan S/O Kamachi, Lin Hui Yin, Sharon, Wong Jing Ying Audrey |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bhaskaran Shamkumar | APAC Law Corporation |
| Anparasan S/O Kamachi | Khattarwong LLP |
| Lin Hui Yin | Khattarwong LLP |
| Sharon | Khattarwong LLP |
| Wong Jing Ying Audrey | Khattarwong LLP |
4. Facts
- The Plaintiff, a Bangladeshi national, was employed by the 1st Defendant.
- The 1st Defendant was a subcontractor for a road widening project.
- The 2nd Defendant was the main contractor of the project.
- In April 2012, the Plaintiff was run over by a heavy piece of machinery at the work site.
- The Plaintiff's right leg had to be amputated, and his left leg was crushed.
- Interlocutory judgment was entered against the Defendants by consent at 95% liability.
- The Plaintiff claimed approximately $1.06 million in damages.
5. Formal Citations
- Rahman Lutfar v Scanpile Constructors Pte Ltd and another, Suit No 776 of 2013, [2016] SGHC 41
6. Timeline
| Date | Event |
|---|---|
| Plaintiff suffered injuries at work site. | |
| Plaintiff sent back to Bangladesh. | |
| Interim payment of $25,000 paid to Plaintiff. | |
| Trial on quantum of damages began. | |
| Judgment issued. |
7. Legal Issues
- Quantum of Damages
- Outcome: The court determined the appropriate quantum of damages for the Plaintiff's injuries and losses.
- Category: Substantive
- Sub-Issues:
- Assessment of general damages
- Assessment of special damages
- Use of multipliers for future losses
- Discount rates for expenses in Bangladesh
- Loss of Amenity
- Outcome: The court awarded damages for the Plaintiff's loss of amenity, including the impact on his ability to pray and maintain conjugal relations.
- Category: Substantive
- Sub-Issues:
- Impact of injuries on religious practices
- Impact of injuries on conjugal relations
- Loss of Earning Capacity
- Outcome: The court awarded damages for the Plaintiff's loss of earning capacity, considering his potential earnings in both Singapore and Bangladesh.
- Category: Substantive
- Sub-Issues:
- Calculation of pre-trial earnings
- Calculation of future earnings in Singapore
- Calculation of future earnings in Bangladesh
- Medical Expenses
- Outcome: The court awarded damages for the Plaintiff's future medical expenses, including the cost of prosthesis, physiotherapy, and other treatments.
- Category: Substantive
- Sub-Issues:
- Cost of prosthesis and physiotherapy
- Cost of wheelchairs and crutches
- Cost of anti-depressants
- Cost of back treatment
- Cost of knee and ankle treatment
- Cost of scar medication
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jet Holdings and Ors v Cooper Cameron (Singapore) Pte Ltd and other appeals | N/A | Yes | [2006] 3 SLR(R) 769 | Singapore | Cited for the proposition that only nominal damages would be awarded where damages are not proven, but the court distinguished this case. |
| Wee Sia Tian v Long Thik Boon | N/A | Yes | [1996] SLR(R) 420 | Singapore | Cited regarding the standard of proof for special damages. |
| The Kohekohe (Owners) and others v Supardi Bin Sipan | N/A | Yes | [1985] 2 MLJ 422 | N/A | Cited for comparison regarding the amount awarded for a similar injury (amputation). |
| Lee Yew Hoe v Lee Bock Huat | N/A | Yes | [1979-1980] SLR(R) 647 | Singapore | Cited for comparison regarding the amount awarded for injuries. |
| Pang Teck Kong v Chew Eng Hwa | High Court | Yes | [1992] SGHC 31 | Singapore | Cited for comparison regarding the amount awarded for a similar injury (amputation). |
| Seah Yit Chen v Singapore Bus Service (1978) Ltd and other | N/A | Yes | [1990] 1 SLR(R) 490 | Singapore | Cited for the proposition that overlapping injuries should generally attract a single global award. |
| Mah Chee Kok v Cheng Chee Kim | High Court | Yes | [2003] SGHC 277 | Singapore | Cited for the proposition that overlapping injuries should generally attract a single global award. |
| Lai Wai Keong Eugene v Loo Wei Yen | Court of Appeal | Yes | [2014] 3 SLR 702 | Singapore | Cited regarding life expectancy multipliers. |
| Tan Juay Mui v Sher Kuan Hock | N/A | Yes | [2012] SLR 496 | Singapore | Cited regarding life expectancy multipliers. |
| Chin Swey Min v Nor Nizar bin Mohamed | N/A | Yes | [2004] 2 SLR (R) 361 | Singapore | Cited regarding life expectancy multipliers. |
| Ang Leng Hock v Leo Ee Ah | N/A | Yes | [2004] 2 SLR (R) 361 | Singapore | Cited regarding life expectancy multipliers. |
| TV Media Pte Ltd v De Cruz Andrea Heidi | N/A | Yes | [2004] 3 SLR (R) 543 | Singapore | Cited regarding life expectancy multipliers. |
| Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil Uddin | N/A | Yes | [2012] 3 SLR 1003 | Singapore | Cited regarding the exclusion of expenses when calculating loss of income. |
| Mei Yue Lan Margaret v Raffles City Pte Ltd | N/A | Yes | [2005] 4 SLR(R) 740 | Singapore | Cited for comparison regarding the amount awarded for a similar psychiatric disorder. |
| Chiam Kim Loke v Lee Wing Hoong and another | High Court | Yes | [2004] SGHC 37 | Singapore | Cited for comparison regarding the amount awarded for scars with complications. |
| Ng Song Leng v Soh Kim Seng Engineering & Trading Pte Ltd | High Court | Yes | [1997] SGHC 289 | Singapore | Cited for comparison regarding the amount awarded for remodelling a house. |
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
- Amputation
- Prosthesis
- Osteoarthritis
- Depression
- Loss of Amenity
- Loss of Earning Capacity
- Multiplier
- Discount Rate
- General Damages
- Special Damages
15.2 Keywords
- Personal Injury
- Damages
- Amputation
- Construction Accident
- Singapore
- Negligence
16. Subjects
- Personal Injury
- Damages
- Construction Accident
17. Areas of Law
- Personal Injury Law
- Damages Assessment