Danial Syafiq v Amin Juman: Negligence Claim for Motorcycle Accident Resulting in Traumatic Brain Injury

In Suit No 336 of 2016, the High Court of Singapore heard a negligence claim by Plaintiff Danial Syafiq bin Mahbob against Defendant Amin Juman bin Abdul Jabbar and Third Party Mohammed Faizal bin Ismail, arising from a motorcycle accident on 17 April 2013. Interlocutory judgment for 100% liability was entered against the Defendant. The court, presided over by Senior Judge Andrew Ang, assessed damages for the Plaintiff's traumatic brain injury, post-traumatic epilepsy, facial injuries, and loss of future earnings, ultimately ruling in favor of the Plaintiff.

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

Negligence claim for damages arising from a motorcycle accident. The court assessed damages for traumatic brain injury, post-traumatic epilepsy, and loss of future earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Danial Syafiq bin MahbobPlaintiffIndividualJudgment for PlaintiffWon
Amin Juman bin Abdul JabbarDefendantIndividualJudgment against DefendantLost
Mohammed Faizal bin IsmailThird PartyIndividualNo direct judgmentNeutral

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngSenior JudgeYes

4. Counsels

Counsel NameOrganization
Fazal Mohd b. Abdul KarimB. Rao K.S. Rajah
Noraisan HussinB. Rao K.S. Rajah
Tan Seng Chew RichardTan Chin Hoe & Co
Peh Siqi, MichelleTan Chin Hoe & Co
Chan Chin LingDentons Rodyk & Davidson LLP

4. Facts

  1. The Plaintiff was seriously injured in a motorcycle accident on 17 April 2013.
  2. The Plaintiff sustained a traumatic brain injury, multiple facial fractures, and post-traumatic epilepsy.
  3. The Plaintiff underwent two emergency craniectomies to evacuate hematomas.
  4. The Plaintiff's Glasgow Coma Scale was 8 on arrival at the hospital.
  5. The Plaintiff experienced epileptic seizures, with diminishing frequency over time.
  6. The Plaintiff's cognitive abilities were impaired as a result of the brain injury.
  7. The Plaintiff enrolled in a diploma course at the BCA Academy but withdrew due to his injuries.

5. Formal Citations

  1. Danial Syafiq bin Mahbob v Amin Juman bin Abdul Jabbar and another (Mohammed Faizal bin Ismail, third party), Suit No 336 of 2016, [2019] SGHC 282

6. Timeline

DateEvent
Motorcycle accident occurred
Plaintiff admitted to Khoo Teck Puat Hospital
Plaintiff underwent emergency left craniectomy
Plaintiff underwent emergency right craniectomy
CT Brain Scan showed improvement in midline shift
Plaintiff successfully extubated
Plaintiff transferred to general ward
Plaintiff discharged to Tan Tock Seng Hospital Rehabilitation unit
Plaintiff readmitted for elective left cranioplasty
Plaintiff underwent elective left cranioplasty
Plaintiff discharged with regular Neurosurgery follow-up
Plaintiff had first epilepsy attack
Interlocutory judgment for 100% liability entered against the Defendant
Judgment reserved

7. Legal Issues

  1. Negligence
    • Outcome: Interlocutory judgment for 100% liability was entered against the Defendant.
    • Category: Substantive
  2. Assessment of Damages
    • Outcome: The court assessed damages for traumatic brain injury, post-traumatic epilepsy, facial injuries, and loss of future earnings.
    • Category: Substantive
  3. Loss of Future Earnings
    • Outcome: The court awarded damages for loss of future earnings based on the Plaintiff's potential career path and the impact of his injuries.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok TongSingapore Court of AppealYes[2012] SGCA 4SingaporeCited for comparison of severity of injuries in brain injury cases.
AOD v AOEHigh CourtYes[2015] SGHC 272SingaporeCited as precedent for assessment of damages.
Yeo Chee Siong v Salpac (S) Pte LtdHigh CourtYes[2017] SGHC 304SingaporeCited for comparison of damages awarded for brain damage.
Teo Sing Keng v Sim Ban KiatSingapore Court of AppealYes[1994] 1 SLR(R) 340SingaporeCited regarding the award for Loss of Earning Capacity (LEC) versus Loss of Future Earnings (LFE).
Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee)Singapore Court of AppealYes[2011] 3 SLR 610SingaporeCited for the principle of awarding LFE to injured parties who have yet to embark on a career.
Tan Yu Min Winston (by his next friend Tan Cheng Tong) v Uni-Fruitveg Pte LtdHigh CourtYes[2008] 4 SLR(R) 825SingaporeCited as an example where the claimant was awarded damages for LEC.
Muhamed Ilyas Bin Mira Abdul Hamid v Kwek Khim HuiHigh CourtYes[2004] SGHC 12SingaporeCited as an example where the claimant was awarded damages for LEC.
Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai KwangHigh CourtYes[2010] 2 SLR 1037SingaporeCited to distinguish cases where students managed to complete their courses and gain employment.
The “MARA”Court of AppealYes[2000] 3 SLR(R) 31SingaporeCited for the principle that insurance moneys are not to be taken into account when assessing damages.
Ng Lay Peng v Gain City Engineering & Consultancy Pte LtdHigh CourtYes[2018] SGHC 184SingaporeCited for the application of the principle that insurance moneys are not to be taken into account when assessing damages.

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

  • Traumatic Brain Injury
  • Post-Traumatic Epilepsy
  • Loss of Future Earnings
  • Glasgow Coma Scale
  • Craniectomy
  • Hematoma
  • Negligence
  • Assessment of Damages

15.2 Keywords

  • negligence
  • motorcycle accident
  • traumatic brain injury
  • damages
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Negligence95
Damages90
Personal Injury90
Assessment of Damages80
Measure of Damages70
Automobile Accidents60
Personal injuries cases60
Civil Procedure40
Evidence30

16. Subjects

  • Tort Law
  • Personal Injury
  • Damages Assessment