Sulastri Bte Achmad v Tan Hee Hang: Dependency Claim & Damages for Fatal Road Accident
In Sulastri Bte Achmad v Tan Hee Hang and Kendo Trading Pte Ltd, Mdm Sulastri filed a dependency claim after her husband's death in a road accident. The High Court of Singapore, heard by Tan Lee Meng SJ, ruled on 7 February 2017, that the defendants were liable for 95% of the damages. The court assessed damages for the estate and the dependency claim, considering the deceased's income from two jobs and contributions to the Central Provident Fund (CPF). The court determined the appropriate multiplier and multiplicand for calculating the dependency claim, taking into account the deceased's age, earning potential, and the claimant's financial circumstances.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Interlocutory judgment was entered against the defendants for 95% of the damages assessed as due to the Estate and to Mdm Sulastri for her dependency claim.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dependency claim by Mdm Sulastri after her husband's death in a road accident. The court assessed damages, considering the deceased's income and CPF contributions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sulastri Bte Achmad | Plaintiff | Individual | Partial Judgment | Partial | Andrew Hanam |
| Tan Hee Hang | Defendant | Individual | Partial Loss | Partial | Patrick Yeo Kim Hai, Lim Hui Ying, Neo Eng Hong |
| Kendo Trading Pte Ltd | Defendant | Corporation | Partial Loss | Partial | Patrick Yeo Kim Hai, Lim Hui Ying, Neo Eng Hong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Hanam | Andrew LLC |
| Patrick Yeo Kim Hai | KhattarWong LLP |
| Lim Hui Ying | KhattarWong LLP |
| Neo Eng Hong | KhattarWong LLP |
4. Facts
- The deceased was fatally injured in a road accident on 17 February 2015.
- The deceased was hit by a lorry driven by the first defendant, Tan Hee Hang.
- The second defendant, Kendo Trading Pte Ltd, was the employer of Tan and the owner of the lorry.
- The deceased was 51 years and 11 months old at the time of the accident.
- The deceased held two jobs: a tool maker at Trend Singapore and a part-time delivery man for Niche Courier.
- The deceased's last drawn salary at Trend Singapore was $2,140.
- The deceased's average monthly earnings from Niche Courier amounted to $1,466.83.
- Mdm Sulastri, the plaintiff, is the wife of the deceased and was 47 years old at the time of the judgment.
- Mdm Sulastri and the deceased have two adult children.
- The parties reached a settlement on the issue of the deceased’s liability for the accident, with the deceased bearing 5% of the responsibility.
5. Formal Citations
- Sulastri bte Achmad v Tan Hee Hang and another, Suit No 310 of 2015, [2017] SGHC 07
6. Timeline
| Date | Event |
|---|---|
| Accident occurred on the Ayer Rajah Expressway | |
| Grant of Letters of Administration issued by the Family Justice Courts | |
| Suit No 310 of 2015 filed | |
| Trial began | |
| Trial continued | |
| Trial continued | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Dependency Claim
- Outcome: The court determined the appropriate multiplier and multiplicand for calculating the dependency claim, taking into account the deceased's age, earning potential, and the claimant's financial circumstances. The court awarded Mdm Sulastri 60% of the deceased's monthly income as damages for loss of dependency.
- Category: Substantive
- Sub-Issues:
- Multiplier
- Multiplicand
- Percentage Deduction Method
- Traditional Method
- Loss of Earnings
- Loss of CPF Contributions
- Related Cases:
- [1999] 1 SLR(R) 1068
- [2008] 1 SLR(R) 409
- [1942] AC 601
- [2016] 5 SLR 412
- Liability for Negligence
- Outcome: The defendants admitted liability for the accident, with the deceased bearing 5% of the responsibility.
- Category: Substantive
8. Remedies Sought
- Damages for Dependency
- Damages for Bereavement
- Special Damages
9. Cause of Actions
- Negligence
- Dependency Claim
10. Practice Areas
- Litigation
- Personal Injury
- Dependency Claims
11. Industries
- Transportation
- Delivery Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ho Yeow Kim v Lai Hai Kuen | Court of Appeal | Yes | [1999] 1 SLR(R) 1068 | Singapore | Cited for the important factors in selecting the multiplier for a dependency claim, including the age and expected working life of the deceased and the age and expected life span of the deceased’s dependants. |
| Lassiter Ann Masters (suing as the widow and dependant of Lassiter Henry Adolphus, deceased v To Keng Lam (alias Toh Jeanette) | High Court | Yes | [2005] 2 SLR(R) 8 | Singapore | Cited by the plaintiff to support her case that the multiplier should be 10 years, based on the deceased's good health and working habits. |
| Ng Kum Thong v Moktar bin Yusof | High Court | Yes | [2012] SGHC 254 | Singapore | Cited by the defendants to support their contention that the multiplier should be less than 10 years, based on the deceased's age and employment circumstances. |
| Hanson Ingrid Christina and others v Tan Puey Tze and another appeal | High Court | Yes | [2008] 1 SLR(R) 409 | Singapore | Cited for explaining the two approaches for determining the appropriate multiplicand for a dependency claim: the traditional method and the percentage deduction method. |
| Harris v Empress Motors Ltd | English Court of Appeal | Yes | [1984] 1 WLR 212 | England and Wales | Cited for explaining the percentage deduction method of assessing a dependency claim, including the conventional percentages to be deducted from the deceased's net income. |
| Davies v Powell Duffryn Associated Collieries Ltd | House of Lords | Yes | [1942] AC 601 | United Kingdom | Cited with approval from Ho Yeow Kim for the principle that damages in a dependency claim should be proportioned to the injury resulting from the death of the deceased, based on the reasonable expectation of pecuniary benefit. |
| Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another | High Court | Yes | [2004] SGHC 21 | Singapore | Cited by the plaintiff to support her claim for 75% of the deceased's monthly income, but distinguished by the court due to the different circumstances of the case. |
| Teo Sing Keng and another v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited for the principle that a deduction of income tax should be made from damages for loss of earnings, in accordance with the rule in British Transport Commission v Gourley. |
| British Transport Commission v Gourley | House of Lords | Yes | [1956] AC 185 | United Kingdom | Cited for the rule that damages representing compensation for non-receipt of a taxable income should be subject to a deduction of income tax. |
| Singapore Bus Services (1978) Ltd v Lim Soon Yong | Court of Appeal | Yes | [1983–1984] SLR(R) 159 | Singapore | Cited for the principle that CPF contributions can form part of a dependency claim if the dependant has a reasonable expectation of enjoying the benefit of the CPF money. |
| Zhu Xiu Chun (alias Myint Myint Kyi) v Rockwill Trustee Ltd (administrators of the estate of and on behalf of the dependants of Heng Ang Tee, Franklin, deceased) and other appeals | Court of Appeal | Yes | [2016] 5 SLR 412 | Singapore | Cited for endorsing the view that the loss attributable to the cessation of contributions to the CPF forms part of a dependency claim. |
| Gul Chandiram Mahtani and another (administrators of the estate of Harbajan Kaur, deceased) v Chain Singh and another | High Court | Yes | [1998] 2 SLR(R) 801 | Singapore | Cited for the principle that the question is whether the daughter, at the time the deceased would have withdrawn the CPF moneys, would have a reasonable expectation of benefitting from these funds. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, Rev Ed 1999) | Singapore |
| Civil Law Act (Cap 43, Rev Ed 1999) | Singapore |
| Civil Law Act (Cap 43, Rev Ed 1999) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Dependency Claim
- Multiplier
- Multiplicand
- Central Provident Fund (CPF)
- Percentage Deduction Method
- Traditional Method
- Loss of Earnings
- Loss of CPF Contributions
- Interlocutory Judgment
- Special Damages
- General Damages
15.2 Keywords
- Road Accident
- Dependency Claim
- Damages
- Fatal Accident
- CPF
- Singapore
- High Court
16. Subjects
- Tort
- Damages
- Civil Procedure
17. Areas of Law
- Civil Law
- Dependency Claim
- Tort Law
- Personal Injury Law
- Damages