Tan Hun Boon v Rui Feng Travel: Damages for Personal Injuries from Traffic Accident

In Tan Hun Boon v Rui Feng Travel Pte Ltd, the High Court of Singapore addressed the assessment of damages for the plaintiff, Tan Hun Boon, who sustained severe injuries, including an above-knee amputation, due to a traffic accident involving a bus owned by the first defendant, Rui Feng Travel Pte Ltd, and driven by the second defendant, Md Ismail Bin Pungut. The court, presided over by Judicial Commissioner Pang Khang Chau, awarded the plaintiff a total of $1,228,697.80, covering general damages for pain and suffering, future medical expenses, future transport expenses, loss of earning capacity, special damages for medical and counselling expenses, pre-trial loss of earnings, and interest.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court assesses damages for Tan Hun Boon, who suffered severe leg injuries and amputation after a traffic accident. Rui Feng Travel was found liable.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Hun BoonPlaintiffIndividualJudgment for PlaintiffWon
Rui Feng Travel Pte Ltd (formerly known as Cheery Travel Pte Ltd)DefendantCorporationJudgment against DefendantLost
Md Ismail Bin PungutDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Pang Khang ChauJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Lim Hui YingKhattarWong LLP
Chiam Daomin MikeKhattarWong LLP
Loh Kia MengDentons Rodyk & Davidson LLP
Toh Key Boon KelvinDentons Rodyk & Davidson LLP

4. Facts

  1. Plaintiff stopped his car to assist a distressed vehicle on the Ayer Rajah Expressway.
  2. A bus driven by the 2nd Defendant collided with an EMAS truck, causing a chain reaction.
  3. The EMAS truck collided into the distressed vehicle, which then hit the Plaintiff.
  4. Plaintiff suffered multiple fractures on his left leg and a fractured left hip.
  5. Plaintiff underwent an above-knee amputation due to the severity of his leg injuries.
  6. Plaintiff developed severe phantom limb pain after the amputation.
  7. Defendants admitted liability for the accident.

5. Formal Citations

  1. Tan Hun Boon v Rui Feng Travel Pte Ltd and another, Suit No 662 of 2014, [2017] SGHC 189

6. Timeline

DateEvent
Plaintiff injured in traffic accident
Interlocutory judgment entered for Plaintiff
Trial on quantum began
Trial on quantum concluded
Plaintiff received interim payment of $100,000
Judgment reserved

7. Legal Issues

  1. Assessment of Damages for Personal Injury
    • Outcome: The court determined the appropriate amounts for various heads of damages, including pain and suffering, future medical expenses, loss of earning capacity, and pre-trial loss of earnings.
    • Category: Substantive
    • Sub-Issues:
      • Pain and Suffering
      • Future Medical Expenses
      • Loss of Earning Capacity
      • Pre-Trial Loss of Earnings
      • Future Transport Expenses
    • Related Cases:
      • [2017] SGHC 189
  2. Loss of Earning Capacity vs Loss of Future Earnings
    • Outcome: The court found that an award for loss of earning capacity was more appropriate than an award for loss of future earnings, given the uncertainties surrounding the plaintiff's future career path.
    • Category: Substantive
    • Related Cases:
      • [2002] 1 SLR(R) 934
  3. Mitigation of Damages
    • Outcome: The court ruled that the defendants were precluded from arguing that the plaintiff failed to mitigate his damages, as they had not given prior notice of this claim.
    • Category: Procedural
    • Related Cases:
      • [2004] 3 SLR(R) 288
      • [2002] 1 WLR 3111

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Transportation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Rahman Lutfar v Scanpile Construction Pte Ltd and anorHigh CourtYes[2016] SGHC 41SingaporeCited as a starting point for damages for lower-left limb injuries resulting in above-knee amputation.
Quek Yen Fei Kenneth v Yeo Chye HuatCourt of AppealYes[2017] SGCA 29SingaporeCited as a starting point for damages for lower-left limb injuries resulting in above-knee amputation.
Zakaria bin Putra Ali v Low Keng Huat Construction Co (S) Pte LtdHigh CourtYes[1993] SGHC 277SingaporeCited for the award amount for early onset of osteoarthritis.
Mei Yue Lan Margaret v Raffles City (Pte) LtdHigh CourtYes[2005] SGHC 168SingaporeCited for comparison of pain and suffering award in a case involving severe chronic pain.
Ng Song Leng v Soh Kim Seng Engineering & Trading Pte Ltd and AnotherHigh CourtYes[1997] SGHC 289SingaporeCited as precedent for life expectancy of male claimant in Singapore.
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok TongCourt of AppealYes[2012] 2 SLR 85SingaporeCited as precedent for life expectancy of male claimant in Singapore.
Tan Juay Mui (by his next friend Chew Chwee Kim) v Sher Kuan Hock and anotherN/AYes[2012] 3 SLR 496SingaporeCited for multiplier used in past cases.
Poh Huat Heng Corp Pte Ltd and other v Hafizul Islam Kofil UddinN/AYes[2012] 3 SLR 1003SingaporeCited for multiplier used in past cases.
Jia Min Building Construction Pte Ltd v Ann Lee Pte LtdN/AYes[2004] 3 SLR(R) 288SingaporeCited regarding the burden of proving that the loss has not been mitigated.
Geest plc v LansiquotN/AYes[2002] 1 WLR 3111N/ACited regarding the burden of proving that the loss has not been mitigated.
Teo Sing Keng v Sim Ban KiatN/AYes[1994] 1SLR(R) 340SingaporeCited for deduction of income tax from loss of earnings award and interest calculations.
Siew Pick Chiang v Hyundai Engineering & Construction Co LtdHigh CourtYes[2016] SGHC 266SingaporeCited for making a reasonable estimate for pre-trial transport expenses despite lack of receipts.
Pickett v British Rail Engineering LtdN/AYes[1980] AC 136N/ACited for the principle of avoiding duplication of damages.
Lim Poh Choo v Camden & Islington Health AuthorityN/AYes[1980] AC 174N/ACited for the principle of avoiding duplication of damages.
Tan Shwu Leng v Singapore Airlines Limited and AnotherHigh CourtYes[2001] SGHC 51SingaporeCited for deducting expenses from loss of earnings.
Karuppiah Nirmala v Singapore Bus Services LtdN/AYes[2002] 1 SLR(R) 934SingaporeCited as an example where an award of loss of earning capacity was more appropriate than loss of future earnings.
Tan Siew Bin Ronnie v Chin Wee KeongN/AYes[2008] 1 SLR(R) 178SingaporeCited for the quantum awarded for loss of earning capacity.
Nirumalan V Kanapathi Pillay v Teo Eng ChuanN/AYes[2003] 3 SLR(R) 601SingaporeCited for the quantum awarded for loss of earning capacity.
Teo Seng Kiat v Goh Hwa TeckN/AYes[2003] 1 SLR(R) 333SingaporeCited for multiplier used in past cases.

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

  • Above-knee amputation
  • Phantom limb pain
  • Prosthesis
  • Spinal cord stimulation
  • Loss of earning capacity
  • Loss of future earnings
  • Multiplier
  • Multiplicand

15.2 Keywords

  • Personal injury
  • Traffic accident
  • Damages
  • Amputation
  • Prosthesis
  • Loss of earnings
  • Singapore

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Measure of Damages75
Phantom Limb Pain60
Prosthesis50
Automobile Accidents30
Evidence20
Civil Procedure20
Wrongful Death15

16. Subjects

  • Personal Injury
  • Damages
  • Negligence