Poongothai Kuppusamy v Huationg Contractor: Damages for Personal Injuries from Road Traffic Accident
In Poongothai Kuppusamy v Huationg Contractor Pte Ltd, the General Division of the High Court of Singapore assessed damages for Ms. Poongothai Kuppusamy's injuries sustained in a road traffic accident on 23 September 2017. The court, presided over by Justice Kwek Mean Luck, had previously found Huationg Contractor Pte Ltd wholly liable for the accident. Ms. Kuppusamy sought damages for pre-trial loss of earnings, pain and suffering, loss of future earnings, loss of earning capacity, medical expenses, future medical expenses, and transport expenses. The court awarded Ms. Kuppusamy a total of S$838,224.52, covering various heads of damages, including medical expenses, loss of earnings, and pain and suffering.
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
Assessment of damages for road traffic accident injuries. Huationg Contractor liable for Poongothai Kuppusamy's injuries, including leg amputation.
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 | Judgment against Defendant | Lost | |
| Guru Murti A/L Maheshrou | Defendant | Individual | Damages to be assessed against defendant | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judge | Yes |
4. Counsels
4. Facts
- Ms. Kuppusamy was involved in a road traffic accident on 23 September 2017.
- Huationg Contractor Pte Ltd was found wholly liable for the accident.
- Ms. Kuppusamy suffered a below-the-knee amputation of her left limb.
- Ms. Kuppusamy was employed as a Security Officer by Eve3r Knight Consultancy Services Pte Ltd.
- Ms. Kuppusamy sought damages for pre-trial loss of earnings, pain and suffering, and other related losses.
- Ms. Kuppusamy obtained a Microprocessor-Controlled Prosthetic Limb (MPCP) in February 2023.
- Ms. Kuppusamy claimed that she was unable to find gainful employment due to her physical disability.
5. Formal Citations
- Poongothai Kuppusamy v Huationg Contractor Pte Ltd & Other, Suit No 808 of 2020, [2023] SGHC 215
6. Timeline
| Date | Event |
|---|---|
| Ms Kuppusamy employed by Eve3r Knight Consultancy Services Pte Ltd | |
| Road traffic accident occurred | |
| Ms Kuppusamy remained on hospitalisation leave until January 2018 | |
| Ms Kuppusamy obtained first prosthetic limb in Malaysia | |
| Court found Huationg wholly liable for Ms Kuppusamy’s claim | |
| Ms Kuppusamy began three months of training for second prosthetic limb | |
| Ms Kuppusamy fitted with Microprocessor-Controlled Prosthetic Limb | |
| Assessment of damages hearing began | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Personal Injuries
- Outcome: The court assessed damages for various heads of claim, including pre-trial loss of earnings, pain and suffering, loss of future earnings, loss of earning capacity, medical expenses, and transport expenses.
- Category: Substantive
- Pre-Trial Loss of Earnings
- Outcome: The court determined the appropriate multiplicand and multiplier for calculating pre-trial loss of earnings, considering factors such as salary components, job promotion prospects, and mitigation efforts.
- Category: Substantive
- Pain, Suffering, and Loss of Amenities
- Outcome: The court assessed damages for pain, suffering, and loss of amenities arising from the amputation, aggravation of osteoarthritis, and non-surgical scarring.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court determined the appropriate multiplicand and multiplier for calculating loss of future earnings, considering factors such as potential earnings and mitigation efforts.
- Category: Substantive
- Loss of Earning Capacity
- Outcome: The court determined whether the plaintiff was entitled to damages for loss of earning capacity, considering her ability to compete in the labor market.
- Category: Substantive
- Reasonableness of Medical Expenses
- Outcome: The court assessed the reasonableness of medical expenses incurred, including the cost of prosthetic limbs and future replacements.
- Category: Substantive
- Duty to Mitigate Losses
- Outcome: The court considered whether the plaintiff had satisfied her duty to mitigate her losses by seeking employment.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Security
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Poongothai Kuppusamy v Huationg Contractor Pte Ltd and another (Motor Insurers’ Bureau of Singapore, intervener) | High Court | Yes | [2021] SGHC 108 | Singapore | Established the first defendant's liability for the plaintiff's injuries. |
| Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another and another appeal | Court of Appeal | Yes | [2019] 1 SLR 230 | Singapore | Cited for principles regarding pre-trial loss of earnings, specifically the need to prove actual losses. |
| Tan Siew Bin Ronnie v Chin Wee Keong | High Court | Yes | [2008] 1 SLR(R) 178 | Singapore | Cited for the principle that the actual state of affairs between the accident and trial is known and should be considered. |
| Lee Teck Nam v Kang Hock Seng Paul | High Court | Yes | [2005] 4 SLR(R) 14 | Singapore | Cited for the principle that annual increments can be factored into the calculation of pre-trial loss of earnings. |
| Teo Sing Keng and another v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited for the principle that the burden of proof is on the defendant to show that the plaintiff failed to mitigate their loss. |
| Quek Yen Fei Kenneth v Yeo Chye Huat | High Court | Yes | [2016] 3 SLR 1106 | Singapore | Cited as a comparable case for pain and suffering arising from amputation, but distinguished based on the plaintiff's age and circumstances. |
| Tan Juay Mui (by his next friend Chew Chwee Kim) v Sher Kuan Hock and another (Liberty Insurance Pte Ltd, co-defendant; Liberty Insurance Pte Ltd and another, third parties) | High Court | Yes | [2012] 3 SLR 496 | Singapore | Cited as a comparable case for pain and suffering arising from amputation, with adjustments for inflation. |
| Quek Yen Fei Kenneth (by his litigation representative Pang Choy Chun) v Yeo Chye Huat and another appeal | Court of Appeal | Yes | [2017] 2 SLR 229 | Singapore | Cited for the principle that the court may take into account changes in purchasing power since the time of the precedent in its award of damages. |
| Pandian Marimuthu v Guan Leong Construction Pte Ltd | District Court | Yes | [2002] SGDC 189 | Singapore | Cited as a comparable case for osteoarthritis in the knee, but ultimately not followed due to lack of evidence of aggravation. |
| How Weng Fan and others v Sengkang Town Council and other appeals | Court of Appeal | Yes | [2023] SGCA 21 | Singapore | Cited for the Material Facts Principle in pleading requirements. |
| Mykytowych, Pamela Jane v V I P Hotel | Court of Appeal | Yes | [2016] 4 SLR 829 | Singapore | Cited for the distinction between loss of future earnings and loss of earning capacity. |
| Fairley v John Thompson (Design and Contracting Division) Ltd | Unknown | Yes | [1973] 2 Lloyd’s Rep 40 | United Kingdom | Cited for the principle that loss of future earnings is a form of special damages awarded for real assessable loss proved by evidence. |
| 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 different approaches to determining the multiplier for loss of future earnings. |
| Pollmann, Christian Joachim v Ye Xianrong | High Court | Yes | [2021] 5 SLR 1111 | Singapore | Cited for the preferred approaches to determining the multiplier in the absence of authoritative actuarial tables for Singapore lives. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the principle that a substantial award for loss of future earnings does not preclude an award for loss of earning capacity. |
| Chang Ah Lek and others v Lim Ah Koon | Court of Appeal | Yes | [1998] 3 SLR(R) 551 | Singapore | Cited by the defendant to argue against an award for loss of earning capacity, but distinguished by the court. |
| Smith v Manchester Corporation | Unknown | Yes | [1974] 17 KIR 1 | United Kingdom | Cited for the principle that loss of earning capacity is given as part of general damages to compensate for the weakening of competitive position in the open labour market. |
| Toh Wai Sie and another v Ranjendran s/o G Selamuthu | High Court | Yes | [2012] SGHC 33 | Singapore | Cited as a reference point for an applicable multiplier in the absence of other precedents. |
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd | Court of Appeal | Yes | [2021] 1 SLR 689 | Singapore | Cited for the compensation principle to put the injured party in the same position as if the wrong had not occurred. |
| ACES System Development Pte Ltd v Yenty Lily (trading as Access International Services) | Unknown | Yes | [2013] 4 SLR 1317 | Singapore | Cited for the compensation principle to put the injured party in the same position as if the wrong had not occurred. |
| Livingstone v The Rawyards Coal Company | House of Lords | Yes | (1880) 5 App Cas 25 | United Kingdom | Cited for the compensation principle to put the injured party in the same position as if the wrong had not occurred. |
| Tan Hun Boon v Rui Feng Travel Pte Ltd and another | High Court | Yes | [2018] 3 SLR 244 | Singapore | Cited for the principle of making a reasonable and conservative estimate for transport expenses in the absence of receipts. |
| Siew Pick Chiang v Hyundai Engineering and Construction Co Ltd and another | High Court | Yes | [2016] SGHC 266 | Singapore | Cited by the defendant to argue against an award for transport expenses, but distinguished by the court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Pre-trial loss of earnings
- Pain, suffering, and loss of amenities
- Loss of future earnings
- Loss of earning capacity
- Medical expenses
- Future medical expenses
- Transport expenses
- Future transport expenses
- Microprocessor-Controlled Prosthetic Limb
- Mitigation of loss
- Multiplier
- Multiplicand
15.2 Keywords
- road traffic accident
- personal injury
- damages assessment
- amputation
- loss of earnings
- medical expenses
- prosthetic limb
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal injuries cases | 95 |
| Damages | 95 |
| Measure of Damages | 95 |
| Personal Injury | 90 |
| Automobile Accidents | 70 |
| Torts | 60 |
| Negligence | 60 |
| Causation | 40 |
| Evidence | 30 |
| Contributory negligence | 30 |
| Civil Procedure | 20 |
| Vicarious liability | 20 |
16. Subjects
- Personal Injury
- Damages
- Civil Procedure