Lau Keuk Ling v Chan Chun Sheng: Assessment of Damages for Personal Injuries
Lau Keuk Ling William Ignatius appealed the High Court's decision regarding the quantum of damages awarded to him following a road traffic accident caused by Chan Chun Sheng Gary. NTUC Income Insurance Co-operative Limited intervened as the respondent's insurer. The Appellate Division of the High Court, comprising Quentin Loh JAD and Chua Lee Ming J, partially allowed the appeal, adjusting the pre-trial loss of earnings and awarding damages for the loss of the car and its use, while dismissing other claims. The court's decision was delivered on April 1, 2022.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded for injuries sustained in a car accident. The court adjusted pre-trial loss of earnings and damages related to the car.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lau Keuk Ling William Ignatius | Appellant, Plaintiff | Individual | Appeal allowed in part | Partial | |
| Chan Chun Sheng Gary | Respondent, Defendant | Individual | Judgment against Defendant | Lost | |
| NTUC Income Insurance Co-operative Limited | Intervener | Corporation | Intervention partially successful | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge of the Appellate Division | Yes |
| Chua Lee Ming | Judge of the High Court | No |
4. Counsels
4. Facts
- The appellant was injured in a road traffic accident on 14 February 2017.
- The accident occurred when the respondent's car collided into the rear of the appellant's stationary car.
- The appellant suffered neck and head injuries, including a right frontal subarachnoid haemorrhage.
- The respondent failed to cooperate with his insurer or take part in the proceedings.
- The appellant claimed $2,510,202.40 for general damages and $950,091.64 for special damages.
- The appellant was 62 years old at the time of the accident and worked as a Grab driver.
- The appellant's car was a constructive total loss due to the accident.
5. Formal Citations
- Lau Keuk Ling William Ignatius v Chan Chun Sheng Gary (NTUC Income Insurance Co-operative Limited, intervener), Civil Appeal No 81 of 2021, [2022] SGHC(A) 14
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Appellant readmitted to Tan Tock Seng Hospital | |
| Appellant discharged from Tan Tock Seng Hospital | |
| Interlocutory judgment entered with damages to be assessed | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court adjusted the damages awarded for pre-trial loss of earnings, total loss of car, and loss of use of car, while upholding the damages awarded for loss of future earnings and pain and suffering.
- Category: Substantive
- Sub-Issues:
- Loss of future earnings
- Pre-trial loss of earnings
- Pain and suffering
- Future medical expenses
- Loss of property
- Appellate Intervention in Damage Assessment
- Outcome: The court outlined the principles for appellate intervention, stating that it can only intervene if the judge acted on wrong principles, misapprehended the facts, or made a wholly erroneous estimate of the damages.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Appellate Practice
11. Industries
- Transportation
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Keuk Ling William Ignatius v Chan Chun Sheng Gary | High Court | Yes | [2021] SGHC 184 | Singapore | The judgment being appealed from, regarding the assessment of damages. |
| Sandz Solutions (Singapore) Pte Ltd and others v Strategic Worldwide Assets Ltd and others | Court of Appeal | Yes | [2014] 3 SLR 562 | Singapore | Cited for the principle of appellate intervention regarding findings of fact. |
| Tat Seng Machine Movers Pte Ltd v Orix Leasing Singapore Ltd | Court of Appeal | Yes | [2009] 4 SLR(R) 1101 | Singapore | Cited for principles governing appellate intervention vis-à-vis findings of fact by the trial judge. |
| Tan Boon Heng v Lau Pang Cheng David | Court of Appeal | Yes | [2013] 4 SLR 718 | Singapore | Cited for the applicable legal principles to appellate intervention in cases concerning the assessment of damages. |
| Lua Bee Kiang (administrator of the estate of Chew Kong Seng, deceased) v Yeo Chee Siong | Court of Appeal | Yes | [2019] 1 SLR 145 | Singapore | Cited for the objective of damages, which is to compensate the claimant for his loss. |
| Phillips v The London and South Western Railway Co | English Court of Appeal | Yes | (1879) 5 QBD 78 | England | Cited for the principle of 'fair compensation' in cases of non-pecuniary loss. |
| Fletcher v Autocar and Transporters Ltd | English Court of Appeal | Yes | [1968] 2 QB 322 | England | Cited for the principle that compensation ought to be reasonable and just, and need not be 'absolute' or 'perfect'. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the principle that an award for loss of future earnings compensates a victim for a real and assessable drop in income. |
| Armstrong, Carol Ann (executrix of the estate of Peter Traynor, deceased and on behalf of the dependents of Peter Traynor, deceased) v Quest Laboratories Pte Ltd and another and other appeals | Court of Appeal | Yes | [2020] 1 SLR 133 | Singapore | Cited for the principle that a judge is not required to accept the entirety of an expert's opinion. |
| Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil Uddin | Court of Appeal | Yes | [2012] 3 SLR 1003 | Singapore | Cited for the applicable legal test for determining whether a medical expense should be allowed is one of reasonableness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Motor Vehicles (Third Party Risks and Compensation) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of future earnings
- Pre-trial loss of earnings
- General damages
- Special damages
- Motor Vehicles (Third Party Risks and Compensation) Act
- rTMS
- Traumatic brain injury
- Psychiatric conditions
- Constructive total loss
15.2 Keywords
- car accident
- personal injury
- damages
- loss of earnings
- medical expenses
- NTUC Income
- Grab driver
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Damages | 90 |
| Assessment of Damages | 85 |
| Automobile Accidents | 80 |
| Measure of Damages | 80 |
| Personal Injury | 75 |
| Negligence | 65 |
| Evidence | 60 |
| Torts | 55 |
| Civil Litigation | 50 |
| Civil Procedure | 40 |
16. Subjects
- Tort Law
- Insurance Law
- Civil Litigation