Court Orders S$417,000 Damages in Traffic Death Case

A district court in Singapore has awarded over S$417,000 (approximately US$323,000) in damages to the son of a man who died five years after a serious traffic accident. The ruling, made by Deputy Registrar Kim Bum Soo, criticized the behaviour of NTUC Income, the defendants’ insurer, for its “wholly unreasonable behaviour” throughout the legal proceedings.

The case stems from an incident on June 21, 2019, when Ko Wah, then aged 78, was struck by Samikannu Manickavasakar. The collision left Mr. Ko with severe brain injuries that necessitated multiple surgeries and resulted in his permanent mental incapacitation. His condition left him reliant on caregivers for all daily activities, resembling advanced dementia. Mr. Ko passed away in October 2024, before the final hearings to assess damages took place.

In his judgment, Deputy Registrar Kim highlighted NTUC Income’s “unfounded objections” to several claims, describing their approach as “casually impersonal stonewalling.” He noted that the insurer, which would be responsible for any judgment against the defendants, effectively controlled the defense strategy.

The plaintiff, Jonathan Ko Wei Ze, filed the suit on behalf of his father’s estate, seeking damages for pain and suffering, loss of amenities due to injuries from the accident, lost pre-trial earnings, and medical expenses. Deputy Registrar Kim acknowledged that while the medical evidence presented by Jonathan was likely incomplete, the defendants failed to submit a crucial medical report referenced in Mr. Manickavasakar’s criminal case regarding the accident.

The defense argued that Mr. Ko had been in a comatose state and therefore could not have experienced pain or suffering. Deputy Registrar Kim countered this assertion, citing evidence that Mr. Ko had periods of alertness and could understand simple instructions. He awarded S$218,000 for Mr. Ko’s pain and suffering, emphasizing the inadequacy of financial compensation for such profound loss.

Regarding lost earnings, Deputy Registrar Kim determined that Mr. Ko would likely have worked for another one-and-a-half years had the accident not occurred. He applied a 50 percent discount to account for Mr. Ko’s prior health issues, including heart failure and diabetes. The calculation was based on Mr. Ko’s average monthly salary of S$1,600 in 2019 and S$1,702.08 in 2020.

The court also addressed medical expenses, with Deputy Registrar Kim expressing confusion over NTUC Income’s refusal to cover ambulance costs. He stated, “I cannot understand why NTUC Income would be willing to pay for hospital expenses, but not transportation to the hospital.” He ruled in favor of covering claims related to ambulance services, which he deemed necessary for Mr. Ko’s ongoing medical needs.

Despite allowing approximately S$122,900 for medical claims, he denied S$65,950 due to a lack of documentation for expenses incurred after Mr. Ko’s death. However, Deputy Registrar Kim acknowledged that the absence of receipts was not the plaintiff’s fault and suggested that Jonathan would have gathered further proof had he anticipated his father’s early passing.

In his concluding remarks, Deputy Registrar Kim acknowledged the efforts of both the plaintiff and the defendants’ legal teams, commending their organization and presentation of evidence. He noted that while NTUC Income eventually agreed to pay certain medical expenses, their concessions came too late to alter the course of the proceedings.

The judgment serves as a stark reminder of the complexities involved in legal claims for damages following personal injury and the critical role of insurers in such cases.