Hazwani Binte Amin v Chia Heok Meng: Assessment of Damages for Negligence
In Hazwani Binte Amin v Chia Heok Meng, before the High Court of Singapore on 2 April 2018, the court assessed damages owed to the Plaintiff, Hazwani Binte Amin, after the Defendant, Chia Heok Meng, was found liable for negligence in a motorcycle accident. The Plaintiff claimed damages for pain and suffering, future medical expenses, loss of earning capacity, and special damages. The court awarded the Plaintiff a total of $220,806.20 in damages plus interest.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages case where the Defendant was found liable for causing a motorcycle accident that injured the Plaintiff. The court awarded $220,806.20 in damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hazwani Binte Amin | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Chia Heok Meng | Defendant | Individual | Damages assessed against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Scott Tan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thiruchelvan Sivagnasundram | S.T. Chelvan & Co |
| Hassan Esa Almenoar | R. Ramason & Almenoar |
4. Facts
- The Plaintiff was injured in a motorcycle accident on 31 July 2011 when the Defendant made a right turn and collided with her.
- The Defendant was found fully liable for the accident in prior proceedings.
- The Plaintiff suffered several injuries, including a right 2nd toe distal phalanx amputation, fractures, and lacerations.
- The Plaintiff developed significant scarring on her right knee and thigh.
- The Plaintiff contracted Hepatitis C after receiving blood transfusions following the accident.
- The Plaintiff was promoted to senior staff nurse after the accident and earned additional qualifications.
5. Formal Citations
- Hazwani bte Amin v Chia Heok Meng, Suit No 483 of 2017 (Assessment of Damages No 25 of 2017), [2018] SGHCR 02
- Hazwani Binte Amin v Chia Heok Meng, , [2016] SGDC 8
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Interim bill issued | |
| Final bill issued | |
| Plaintiff discovered she had contracted Hepatitis C | |
| Plaintiff commenced action against Defendant in the State Courts | |
| District Judge delivered decision finding Defendant fully liable | |
| Plaintiff's Affidavit of Evidence-in-Chief dated | |
| Matter transferred to High Court for assessment of damages | |
| Hearing began | |
| Hearing concluded | |
| Plaintiff’s submissions on quantum dated | |
| Defendant’s written submissions dated | |
| Plaintiff’s reply submissions dated | |
| Defendant’s Reply Submissions dated | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed damages for pain and suffering, future medical expenses, loss of earning capacity, and special damages.
- Category: Substantive
- Causation of Hepatitis C
- Outcome: The court dismissed the Plaintiff’s claim for the cost of Hepatitis C treatment, finding that the Plaintiff had not proven on a balance of probabilities that she contracted Hepatitis C as a result of the blood transfusions.
- Category: Substantive
- Loss of Earning Capacity
- Outcome: The court dismissed the Plaintiff’s claim for loss of earning capacity, finding that there was no substantial or real risk that the Plaintiff would lose her job.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ACB v Thomson Medical Pte Ltd | Court of Appeal | Yes | [2017] 1 SLR 918 | Singapore | Cited for the principle that quantifying damages for intangible injuries is difficult. |
| Tan Siew Bin Ronnie v Chin Wee Keong | Singapore High Court | Yes | [2008] 1 SLR(R) 178 | Singapore | Cited for the principle that precedent cases should be used as guides in the assessment of damages for pain and suffering, but each case turns on its own facts. |
| Luong Thi Trang Kathleen v Public Prosecutor | Singapore High Court | Yes | [2010] 1 SLR 707 | Singapore | Cited to caution against relying too heavily on unreported cases due to a lack of particularity. |
| Tan Shi Lin v Poh Che Thiam | Singapore High Court | Yes | [2017] SGHC 219 | Singapore | Cited as a recent decision concerning the assessment of damages following a road accident, specifically regarding amputation of toes and scarring. |
| Aw Ang Moh v OCWS Logistics Pte Ltd | Singapore High Court | Yes | [1998] SGHC 167 | Singapore | Cited as a precedent for awarding compensation for metatarsal fractures. |
| Shao Hai v Cao Yong Hui and others | Singapore District Court | Yes | [2003] SGDC 181 | Singapore | Cited as a precedent for awarding compensation for hand injuries, including metacarpal fractures. |
| Yip Kok Meng Calvin (a minor) v Lek Yong Han (Yip Ai Puay, third party) | Singapore High Court | Yes | [1993] SGHC 21 | Singapore | Cited as a case regarding knee injuries, but distinguished due to differing injuries. |
| Ting Heng Mee v Sin Sheng Fresh Fruits | Singapore High Court | Yes | [2004] SGHC 43 | Singapore | Cited as a case regarding knee injuries, but distinguished due to a global award for multiple injuries. |
| Ng Chee Wan v Tan Chin Seng | Singapore High Court | Yes | [2013] SGHC 54 | Singapore | Cited for the principle that a claimant is entitled to damages for all medical expenses reasonably incurred as a result of the injury. |
| Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee) | Singapore Court of Appeal | Yes | [2011] 3 SLR 610 | Singapore | Cited for the principle that an award for loss of earning capacity is made to compensate a victim for the loss arising from the weakening of the plaintiff’s competition position in the open labour market. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Singapore Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the principle that an award for loss of earning capacity can only be awarded if there is a substantial or real risk that the plaintiff could lose his or her present job at some time before the estimated end of his or her working life and that the plaintiff will, because of the injuries, be at a disadvantage in the open employment market. |
| Tan Yu Min Winston (by his next friend Tan Cheng Tong) v Uni-Fruitveg Pte Ltd | Singapore High Court | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited for the principle that the risk of loss of employment must be real and substantial, not speculative or fanciful. |
| Lee Mui Yeng v Ng Tong Yoo | Singapore High Court | Yes | [2016] SGHC 46 | Singapore | Cited for the definition of special damages and the requirement to plead special damages. |
| British Transport Commission v Gourley | House of Lords | Yes | [1956] 1 AC 185 | United Kingdom | Cited for the definition of special damages. |
| Ng Bee Lian v Fernandez and another | Singapore High Court | Yes | [1994] 2 SLR(R) 179 | Singapore | Cited for the principle that a plaintiff will not be entitled to recover special damages which he has failed to plead, unless no prejudice has thereby been occasioned to the other side. |
| Mukhtiar Singh v Balwyndarjeet Singh | Singapore High Court | Yes | [1993] 2 SLR(R) 694 | Singapore | Cited for the principle that expenses which are paid for by a third party which the plaintiff is under no obligation to repay are not recoverable. |
| Mark Amaraganthan Selvaganthan v Cheung Man Wai | Singapore High Court | Yes | [2015] SGHC 253 | Singapore | Cited for the principle that amounts paid out of the Plaintiff’s Medisave account are recoverable. |
| Ong Bin Wah v Quek Teng Pong and Another | Singapore High Court | Yes | [2003] SGHC 279 | Singapore | Cited for the principle that a beneficiary under the Medishield Life Scheme who obtains compensation from a third party in respect of any medical expenses which were paid for by Medishield is statutorily obligated to reimburse the Medishield Life Fund. |
| Surender Singh s/o Jagdish Singh and another v Li Man Kay and others | Singapore High Court | Yes | [2010] 1 SLR 428 | Singapore | Cited regarding causation, but distinguished on the facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed | Singapore |
| Medishield Life Scheme Regulations 2015 (S 622/2015) | Singapore |
| Medishield Life Scheme Act 2015 (Act 4 of 2015) | Singapore |
| Central Provident Fund (Medishield Scheme) Regulations (Cap 36, Rg 20) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Assessment of Damages
- Negligence
- Personal Injury
- Hepatitis C
- Loss of Earning Capacity
- Corrective Surgery
- Special Damages
- Pain and Suffering
- Medical Expenses
15.2 Keywords
- motorcycle accident
- negligence
- damages
- personal injury
- hepatitis C
- scarring
- medical expenses
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Damages Assessment | 95 |
| Personal Injury | 90 |
| Measure of Damages | 80 |
| Negligence | 70 |
| Road Traffic Accident Law | 60 |
| Automobile Accidents | 60 |
| Civil Litigation | 50 |
| Contract Law | 30 |
16. Subjects
- Personal Injury
- Damages
- Medical Negligence