Poongothai Kuppusamy v Huationg Contractor: Negligence & Vicarious Liability in Road Traffic Accident
In Poongothai Kuppusamy v Huationg Contractor Pte Ltd and Guru Murti a/l Maheshrou, the High Court of Singapore heard a case regarding a road traffic accident on 23 September 2017, where the plaintiff, Poongothai Kuppusamy, a pillion rider, was injured. The plaintiff brought a negligence claim against the first defendant, Huationg Contractor Pte Ltd, and the second defendant, Guru Murti a/l Maheshrou. The court found the first defendant 100% liable for the plaintiff's claim, determining that the lorry driver's negligence was the sole cause of the accident.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court found Huationg Contractor 100% liable for a road traffic accident where Poongothai Kuppusamy was injured due to the lorry driver's negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Poongothai Kuppusamy | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Huationg Contractor Pte Ltd | Defendant | Corporation | Claim Dismissed | Lost | |
| Guru Murti A/L Maheshrou | Defendant | Individual | Claim Dismissed | Won | |
| Motor Insurers’ Bureau of Singapore | Intervener | Statutory Board | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The plaintiff was a pillion rider on a motorcycle involved in a road traffic accident with a lorry.
- The accident occurred at a cross junction where Tuas Crescent (major road) and Tuas Bay Drive (minor road) intersect.
- The lorry driver was travelling along the minor road and intended to cross the major road.
- The motorcycle was travelling along the major road.
- There was a stop sign at the minor road where the lorry was, giving the motorcycle the right of way.
- The lorry driver failed to keep a proper lookout and give way to the motorcycle.
- The plaintiff suffered injuries as a result of the accident.
5. Formal Citations
- Poongothai Kuppusamy v Huationg Contractor Pte Ltd and another, Suit No 808 of 2020, [2021] SGHC 108
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Suit filed (Suit No 808 of 2020) | |
| Poongothai Kuppusamy’s Affidavit of Evidence-in-Chief dated | |
| Amirthalingam Kanmani’s Affidavit of Evidence-in-Chief dated | |
| 1st Defendant’s Opening Statement dated | |
| 2nd Defendant’s Defence dated | |
| Plaintiff’s Closing Submissions dated | |
| Trial began | |
| Trial | |
| Intervener’s Closing Submissions dated | |
| 1st Defendant’s Closing Submissions dated | |
| Intervener filed a supplementary submission dated | |
| Judgment Reserved |
7. Legal Issues
- Negligence
- Outcome: The court found the first defendant negligent due to the lorry driver's failure to keep a proper lookout and give way.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Failure to give way
- Vicarious Liability
- Outcome: The court held the first defendant vicariously liable for the negligence of its employee, the lorry driver.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Accident Claims
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Swee Eng (administrator of the estate of Tan Chee Wee, deceased) v Ang Oh Chuan | High Court | Yes | [2002] 2 SLR(R) 321 | Singapore | Cited regarding apportionment of liability in a road accident case where a driver on a minor road failed to give way to a driver on a major road. |
| Ong Sim Moy and others v Ong Sim Hoe | N/A | Yes | [1968-1970] SLR(R) 363 | N/A | Cited to support the argument that the lorry driver should be found fully liable for the accident as the motorist entering the junction from a minor road failed to stop and collided with a vehicle traveling along a major road. |
| Yap Yew Yee v Subramaniam & Anor | N/A | Yes | [1972] 2 MLJ 53 | Malaysia | Cited to support the argument that the lorry driver should be found fully liable for the accident as the motorist entering the junction from a minor road failed to stop and collided with a vehicle traveling along a major road. |
| Cheung Fung (a patient) (suing by his litigation representative Goh Fun Cheng) v Shanmugam Thanabal | High Court | Yes | [2014] SGHC 271 | Singapore | Cited to support the argument that the lorry driver should be found fully liable for the accident as the motorist entering the junction from a minor road failed to stop and collided with a vehicle traveling along a major road. |
| SBS Transit Ltd v Stafford Rosemary Anne Jane (administratrix of the estate of Anthony John Stafford, deceased) | N/A | Yes | [2007] SLR(R) 211 | Singapore | Cited regarding the duty of a road user to anticipate acts reasonably foreseeable as being within the ordinary range of human experience. |
| Ong Bee Nah v Won Siew Wan (Yong Tian Choy, third party) | N/A | Yes | [2005] 2 SLR(R) 455 | Singapore | Cited regarding the absence of a legal duty on a driver to slow down automatically each time when the driver approaches a junction where there is no stop sign. |
| Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and another | Appellate Division of the High Court | Yes | [2021] SGHC(A) 1 | Singapore | Cited regarding the need for a formal notice of contribution under O 16 r 8 of the Rules of Court when seeking apportionment of liability between defendants. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Highway Code (Cap 276, R 11, 1990 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Road traffic accident
- Negligence
- Vicarious liability
- Right of way
- Stop sign
- Proper lookout
- Cross junction
15.2 Keywords
- Road accident
- Negligence
- Liability
- Singapore
- Traffic law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Torts | 85 |
| Personal Injury | 80 |
| Automobile Accidents | 75 |
| Road Traffic Accident Law | 70 |
| Civil Procedure | 40 |
| Judgments and Orders | 30 |
16. Subjects
- Tort Law
- Negligence Law
- Motor Vehicle Accidents