Rajina Sharma v Theyvasigamani: Damages for Severe Brain Injury & Loss of Earnings
In [2024] SGHC 42, Rajina Sharma, suing by her litigation representative Theyvasigamani s/o Periasamy, brought a negligence action against Theyvasigamani s/o Periasamy and Jasmani bin Jaffar in the General Division of the High Court of Singapore. The case concerned the assessment of damages suffered by the plaintiff in a road traffic accident. Teh Hwee Hwee J awarded the plaintiff damages in the sum of $3,378,231.99, addressing issues such as pain and suffering, loss of future earnings, and caregiver expenses.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Damages awarded to the plaintiff in the sum of $3,378,231.99.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for Rajina Sharma, a Senior Staff Sergeant, severely injured in a road accident, focusing on loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rajina Sharma d/o Rajandran | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Theyvasigamani s/o Periasamy | Defendant | Individual | Judgment against Defendant | Lost | |
| Jasmani bin Jaffar | Defendant | Individual | Judgment against Defendant | Lost | |
| Song Teck Chong | Third Party | Individual | Indemnification of First Defendant | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Teh Hwee Hwee | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was a Senior Staff Sergeant in the Singapore Police Force at the time of the accident.
- The plaintiff sustained severe traumatic brain injury, partial loss of vision, rib fractures, and other injuries in a road traffic accident.
- The plaintiff was hospitalised for over four months and underwent multiple medical procedures.
- The plaintiff's injuries resulted in permanent impairments of language, cognition, and functional independence.
- The plaintiff requires full-time care due to her physical and cognitive disabilities.
- The plaintiff's life expectancy was shortened by 14 years due to the severity of her injuries.
- The plaintiff was a participant in the Home Affairs Uniformed Services INVEST Plan.
5. Formal Citations
- Rajina Sharma d/o Rajandran (suing by her litigation representative Theyvasigamani s/o Periasamy) v Theyvasigamani s/o Periasamy and another, Suit No 994 of 2019, [2024] SGHC 42
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Plaintiff was hospitalised | |
| Plaintiff was discharged from hospital | |
| Mr Mani appointed as litigation representative | |
| Plaintiff's service terminated | |
| Interlocutory judgment entered by consent | |
| Plaintiff applied for evidence relating to income | |
| Assessment of damages hearing began | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Assessment of Damages for Pain and Suffering
- Outcome: The court awarded $236,000 for pain and suffering, considering traumatic brain injury, chest injury, shoulder fracture, and abrasions, lacerations, and scarring.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 145
- Loss of Future Earnings
- Outcome: The court awarded $1,961,016.44 for loss of future earnings, considering the plaintiff's potential career progression and retirement age.
- Category: Substantive
- Discounting Awards Based on Actuarial Tables
- Outcome: The court declined to apply an additional 15% discount to awards for future losses calculated based on the Singapore Actuarial Tables but made an adjustment to the multiplier to account for employment risks.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 229
- Loss of Retirement Benefits
- Outcome: The court awarded $296,375.58 for loss of retirement benefits under the INVEST Scheme, based on a projected annual rate of return.
- Category: Substantive
- Future Caregiver Expenses
- Outcome: The court awarded $400,848 for future caregiver expenses, considering the plaintiff's need for full-time care.
- Category: Substantive
- Pre-Trial Loss of Earnings of Caregiver
- Outcome: The court awarded $93,080 for the pre-trial loss of earnings of the plaintiff's caregiver, recognizing the plaintiff's loss due to the need for care.
- Category: Substantive
- Related Cases:
- [2021] 5 SLR 1111
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| 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 approach to quantifying pain and suffering in cases with multiple injuries, involving a two-stage analysis using the component and global methods. |
| Muhammad Adam bin Muhammad Lee (suing by his litigation representatives Noraini bte Tabiin and Nurul Ashikin bte Muhammad Lee) v Tay Jia Rong Sean | High Court | No | [2022] 4 SLR 1045 | Singapore | Cited as a precedent for traumatic brain injury awards, but distinguished due to the different severity of injuries and functional deficits. |
| Ang Siam Hua v Teo Cheng Hoe | High Court | No | [2004] SGHC 147 | Singapore | Cited as a precedent for visual impairment awards. |
| Lai Wee Lian v Singapore Bus Service (1978) Ltd | Privy Council | Yes | Lai Wee Lian v Singapore Bus Service (1978) Ltd [1983–1984] SLR(R) 388 | Singapore | Cited for the principle that a discount should be applied to account for accelerated receipt and contingencies of human life and working capacity. |
| 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 radical revisions of the discount rate lie within the province of Parliament, not the courts. |
| 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 methodology by which contingencies such as mortality and other vicissitudes of life may be accounted for in the calculation of a multiplier. |
| Lai Wai Keong Eugene v Loo Wei Yen | High Court | No | [2014] 3 SLR 702 | Singapore | Cited regarding the assumption that the lump-sum award could be invested to achieve real rates of return of between 4% and 5% per annum. |
| 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 | No | [2012] 3 SLR 496 | Singapore | Cited as a case with similarities to the present case, involving brain injury and paralysis, but distinguished due to differences in the severity of injuries and complications. |
| Toon Chee Meng Eddie v Yeap Chin Hon | High Court | No | [1993] 1 SLR(R) 407 | Singapore | Cited as a precedent for pain and suffering awards, but distinguished due to the plaintiff's limited awareness of his plight. |
| Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally) v Chua Gim Hock | High Court | No | [2008] SGHC 33 | Singapore | Cited as a precedent for pain and suffering awards, but distinguished due to the plaintiff's shorter life expectancy. |
| AOD, a minor suing by the litigation representative v AOE | High Court | No | [2014] SGHCR 21 | Singapore | Cited as a precedent for pain and suffering awards, but distinguished due to the plaintiff's limited awareness of his plight and shorter life expectancy. |
| Gul Chandiram Mahtani and another (administrators of the estate of Harbajan Kaur, deceased) v Chain Singh and another | High Court | No | [1998] 2 SLR(R) 801 | Singapore | Cited regarding double compensation, but distinguished in the present case. |
| Pollmann, Christian Joachim v Ye Xianrong | High Court | Yes | [2021] 5 SLR 1111 | Singapore | Cited regarding the characterization of a caregiver's loss of income as the plaintiff's own loss. |
| Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong | Court of Appeal | Yes | [2012] 2 SLR 85 | Singapore | Cited for the principle that a plaintiff is entitled to claim for a caregiver's loss of income because it is the injured plaintiff's loss. |
| Donnelly v Joyce | Queen's Bench | Yes | [1974] QB 454 | England and Wales | Cited for the principle that the loss is the plaintiff's loss when someone else provides money or services to meet the plaintiff's needs. |
| AOD (a minor suing by his litigation representative) v AOE | High Court | Yes | [2016] 1 SLR 217 | Singapore | Cited for the principle that a plaintiff's loss may be directly recoverable as damages for the reasonable value of services rendered gratuitously. |
| Dodds v Dodds | Queen's Bench | No | [1978] 1 QB 543 | England and Wales | Cited regarding the motivation of a tortfeasor who is also a caregiver, but distinguished in the present case. |
| Hunt v Severs | Court of Appeal | No | [1993] 3 WLR 558 | England and Wales | Cited regarding services voluntarily rendered by a tortfeasor in caring for the plaintiff, but distinguished in the present case. |
| Hunt v Severs | House of Lords | No | [1994] 2 AC 350 | England and Wales | Cited regarding double compensation, but distinguished in the present case. |
13. Applicable Rules
| Rule Name |
|---|
| Supreme Court Practice Directions 2013 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Home Affairs Uniformed Services (INVEST Plan) Regulations | Singapore |
| Retirement and Re-employment Act (Cap 274A, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Traumatic Brain Injury
- Loss of Future Earnings
- Singapore Actuarial Tables
- INVEST Scheme
- Caregiver Expenses
- Pain and Suffering
- Multiplier-Multiplicand Approach
- Other Vicissitudes
- Gratuitous Care
- Pre-Trial Loss of Earnings
15.2 Keywords
- personal injury
- damages
- brain injury
- loss of earnings
- caregiver
- Singapore
- negligence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Damages Assessment | 90 |
| Automobile Accidents | 80 |
| Evidence | 50 |
| Actuarial Science | 40 |
| Civil Procedure | 30 |
16. Subjects
- Personal Injury
- Damages
- Negligence
- Civil Procedure