Lee Sim Leng v SMRT Buses Ltd: Personal Injury Claim - Damages Assessment

In Lee Sim Leng v SMRT Buses Ltd, the General Division of the High Court of Singapore addressed a personal injury claim resulting from a motor vehicle collision. The plaintiff, Lee Sim Leng, sued SMRT Buses Ltd for damages. The court, presided over by Judicial Commissioner Alex Wong Li Kok, found that while the accident caused a Grade 2 whiplash injury and exacerbated a pre-existing Major Depressive Disorder (MDD), the plaintiff's pre-existing cervical spondylosis significantly contributed to her condition. The court awarded the plaintiff $17,373.16, accounting for general and special damages, and pre-judgment interest.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Judgment for Plaintiff in the amount of $17,373.16

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Collision case. Court assesses damages for neck injuries and MDD, finding pre-existing conditions significantly contributed to the plaintiff's suffering.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Sim LengPlaintiffIndividualJudgment for PlaintiffPartial
SMRT Buses LtdDefendantCorporationJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Wong Li Kok, AlexJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Wee Jee KinJK Law Chambers
Goh Chye Hock JosephJK Law Chambers
Anthony WeeTitanium Law Chambers LLC
Koh Keh Jang FendrickTitanium Law Chambers LLC

4. Facts

  1. On 26 August 2013, a bus driven by the Defendant's driver collided with the Plaintiff's car.
  2. The Plaintiff, Lee Sim Leng, was 51 years old at the time of the accident.
  3. Interlocutory judgment was entered against the Defendant for 100% liability, with damages to be assessed.
  4. The Plaintiff claimed damages for neck injuries, MDD, loss of earning capacity, and various expenses.
  5. The Defendant argued that it was only responsible for pain and suffering and pre-trial medical and transport expenses.
  6. The Plaintiff had a pre-existing condition of cervical spondylosis.
  7. The Plaintiff underwent spinal surgery in 2013 and revision surgery in 2019.

5. Formal Citations

  1. Lee Sim Leng v SMRT Buses Ltd, Suit No 380 of 2022, [2025] SGHC 11

6. Timeline

DateEvent
Collision between motor vehicle and motor bus
Magnetic resonance imaging report revealed Plaintiff’s deteriorating neurological condition
Plaintiff underwent first spinal surgery
Plaintiff fell at home
Interlocutory judgment on liability was entered against the Defendant
Plaintiff underwent revision surgery
Trial began
Trial
Judgment reserved
Judgment issued

7. Legal Issues

  1. Causation
    • Outcome: The court held that the defendant was not barred from disputing causation, save for the Major Depressive Disorder claim.
    • Category: Substantive
    • Sub-Issues:
      • Break in the chain of causation
      • Pre-existing condition
      • Aggravation of pre-existing condition
    • Related Cases:
      • [2024] 1 SLR 768
  2. Damages Assessment
    • Outcome: The court assessed damages for pain and suffering, and MDD, taking into account pre-existing conditions and inflationary pressures.
    • Category: Substantive
    • Sub-Issues:
      • Pain and suffering
      • Loss of amenities
      • Loss of earning capacity
      • Future medical expenses
      • Transport expenses
      • Inflationary pressures
  3. Interlocutory Judgment
    • Outcome: The court interpreted the consent judgment to determine whether causation was resolved with res judicata effect.
    • Category: Procedural
    • Related Cases:
      • [2024] 1 SLR 768

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Transportation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Crapper Ian Anthony v Salmizan bin AbdullahCourt of AppealYes[2024] 1 SLR 768SingaporeCited as the leading authority on whether a consent judgment finally disposes of causation for the purpose of determining liability.
Salmizan bin Abdullah v Crapper Ian AnthonyHigh CourtYes[2024] 5 SLR 257SingaporeCited regarding the approach parties in personal injury claims generally adopted where causation would be reserved at the assessment of damages stage unless provided for otherwise.
Foo Kok Boon v Ngow Kheong Shen and others and another matterHigh CourtYes[2023] 5 SLR 1633SingaporeCited to evidence the existence and prevalence of a practice where causation would be reserved at the assessment of damages stage.
Adri Anton Kalangie v Public ProsecutorCourt of AppealYes[2018] 2 SLR 557SingaporeCited for the principle that judicial pronouncements are retroactive in nature, unless the appropriate appellate court explicitly states otherwise.
Choo Yew Liang Sebastian v Koh Yew Teck and another (Direct Asia Insurance (Singapore) Pte Ltd, third party) (Etiqa Insurance Pte Ltd, intervener)High CourtYes[2024] SGHC 212SingaporeCited to affirm the need for parties to be precise in expressing the manner of the bifurcation of the proceedings.
Seiko Epson Corp v Sepoms Technology Pte Ltd and anotherCourt of AppealYes[2008] 1 SLR(R) 269SingaporeCited for the principle that a consent judgment should be interpreted like a contract with the same principles of contractual interpretation to apply.
CIFG Special Assets Capital I Ltd (formerly known as Diamond Kendall Ltd) v Ong Puay Koon and others and another appealCourt of AppealYes[2018] 1 SLR 170SingaporeCited for outlining the key principles for contractual interpretation.
Lua Bee Kiang (administrator of the estate of Chew Kong Seng, deceased) v Yeo Chee SiongCourt of AppealYes[2019] 1 SLR 145SingaporeCited for the principle that the court would adjust the compensation awarded to account for the remoteness of the possibility and the chance that factors unconnected with the defendant’s negligence might contribute to bringing about the loss.
Foo Chee Boon Edward v Seto Wei Meng (suing as the administrator of the estate and on behalf of the dependants of Yeong Soek Mun, deceased) and anotherCourt of AppealYes[2021] 2 SLR 1239SingaporeCited for the principle that where a defendant mounts an affirmative case that there is no causation, it would be incumbent on that defendant to make good this assertion because it is his positive case that this was so.
Lee Mui Yeng v Ng Tong YooHigh CourtYes[2016] SGHC 46SingaporeCited for providing helpful guidelines to take into consideration when assessing the damages for pain and suffering arising from a psychiatric condition.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the proposition that a party who has been injured should be placed in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation.
Chang Mui Hoon v Lim Bee LengHigh CourtYes[2013] SGHCR 17SingaporeCited as a comparable case involving a motor accident where the plaintiff sustained a Grade 1 Whiplash injury, post-traumatic stress disorder and depression.
Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another and another appealCourt of AppealYes[2019] 1 SLR 230SingaporeCited to note that Chang Mui Hoon has been partially overruled by the Court of Appeal in relation to the AR’s award of pre-trial loss of earning capacity.
Ng Lay Peng v Gain City Engineering & Consultancy Pte Ltd (Ng Peng Boon, third party) (AXA Insurance Singapore Pte Ltd, intervener)High CourtYes[2020] 3 SLR 271SingaporeCited as a comparable case involving a motor accident where the claimant was a passenger in her husband’s car which was involved in a relatively minor accident.
Pollmann, Christian Joachim v Ye XianrongHigh CourtYes[2021] 5 SLR 1111SingaporeCited for declining to allow the claimant to recover flight expenses incurred for reasons unrelated to his treatment and therefore unrelated to the injuries he suffered in the accident.
Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte LtdCourt of AppealYes[2022] 1 SLR 689SingaporeCited for affirming that where dated precedents are to be relied upon, significant allowances for inflation and the corresponding decreases in the value of money will have to made.
Poongothai Kuppusamy v Huationg Contractor Pte Ltd & OtherHigh CourtYes[2023] SGHC 215SingaporeCited for relying on the MAS Inflation Calculator to account for inflationary pressures.
Livingstone v The Rawyards Coal CoN/AYes[1880] 5 App Cas 25N/ACited for the principle that a party who has been injured should be placed in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation.
Teo Seng Kiat v Goh Hwa TeckN/AYes[2003] 1 SLR(R) 333SingaporeCited for the principle that the date of trial provides the dividing line between past and prospective earnings, hence calculation of the future loss of earnings is computed from the date of assessment.
Tan Hun Boon v Rui Feng Travel Pte Ltd and anotherHigh CourtYes[2018] 3 SLR 244SingaporeCited for the principle that where there is limited evidence concerning the modes of transport used and the expenses incurred for the trips to the hospital and clinics, the court will make a reasonable estimate in order to arrive at an award for pre-trial transport expenses.
Teo Sing Keng and another v Sim Ban KiatN/AYes[1994] 1 SLR(R) 340SingaporeCited for the interest rate from date of writ to the date of judgment and for special damages from the date of accident to the date of judgment.
Yip Kok Meng Calvin (a minor) v Lek Yong Han (Yip Ai Puay, third party)N/AYes[1993] 1 SLR(R) 147SingaporeCited for the principle that interest will be awarded on the Plaintiff’s damages from the date of the writ up to the date of judgment almost as a matter of course.
Nirumalan V Kanapathi Pillay v Teo Eng ChuanN/AYes[2003] 3 SLR(R) 601SingaporeCited for the principle that if a plaintiff is slow to prosecute his case, his claim to pre-trial interest is diminished.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act 1893Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Cervical spondylosis
  • Major Depressive Disorder
  • Whiplash injury
  • Causation
  • Damages assessment
  • Interlocutory judgment
  • Consent judgment
  • Res judicata
  • Pre-existing condition
  • Inflationary pressures

15.2 Keywords

  • Personal injury
  • Motor vehicle accident
  • Damages
  • Causation
  • Negligence
  • Singapore
  • SMRT
  • MDD
  • Cervical spondylosis

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Negligence80
Automobile Accidents70
Measure of Damages60
Litigation50
Civil Litigation40
Insurance Litigation30

16. Subjects

  • Tort Law
  • Civil Litigation
  • Personal Injury