Wan Kam Fook and another (dependents of Chin Talap a/p Wan Kam Fook, deceased) v Kor Xie Wey and another

Wan Kam Fook and another (dependents of Chin Talap a/p Wan Kam Fook, deceased) v Kor Xie Wey and another

Given the deceased's limited academic record, lack of evidence she could obtain clerical/administrative work in Singapore and her stated fallback options, the court fixed the multiplicand at S$1,687 (average median for 'Plant and Machine Operators and Assemblers' from the Report), apportioned 25% of earnings to the...

Source-derived case information.

Citation
[2014] SGHCR 15
Parties
1st Plaintiff (father, Dependent of Deceased): Wan Kam Fook; 2nd Plaintiff (mother): 2nd Plaintiff (mother, dependent of deceased); 1st Defendant (motorcyclist): Kor Xie Wey; 2nd Defendant (prime Mover Driver): Ong Chee Yi (Andy)
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
5 August 2014
Case Number
Suit No 117 of 2012 (Assessment of Damages 20 of 2014)
Procedural Posture
Suit No 117 of 2012 (assessment of Damages 20 of 2014) / Assessment Hearing and Judgment on Quantum of Damages (high Court)
Outcome
Judgment for the plaintiffs on assessment of damages; liability apportioned 80% to 2nd Defendant and 20% to 1st Defendant; specific damages awarded as set out below; 1st Defendant's counter-claim against 2nd Defendant allowed in part (undisputed amounts).
Legal Topics
Wrongful Death, Dependency Claims, Multiplicand and Multiplier Assessment, Apportionment of Dependency, Bereavement and Funeral Expenses
Source Language
english
Tort Motor Vehicle Accidents Damages Law Personal Injury/death Claims Wrongful Death Dependency Claims Multiplicand and Multiplier Assessment Apportionment of Dependency +1 more

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Parties

Wan Kam Fook

1st Plaintiff (father, Dependent of Deceased)

2nd Plaintiff (mother, dependent of deceased)

2nd Plaintiff (mother)

Kor Xie Wey

1st Defendant (motorcyclist)

Ong Chee Yi (Andy)

2nd Defendant (prime Mover Driver)

Procedural Posture

Suit No 117 of 2012 (assessment of Damages 20 of 2014) / Assessment Hearing and Judgment on Quantum of Damages (high Court)

Legal Issues

  1. 1 Appropriate multiplicand for prospective earnings of the deceased
  2. 2 Proper apportionment of deceased's earnings to parents
  3. 3 Appropriate multiplier(s) for each parent including life expectancy and discount for vicissitudes

Ratio Decidendi

Given the deceased's limited academic record, lack of evidence she could obtain clerical/administrative work in Singapore and her stated fallback options, the court fixed the multiplicand at S$1,687 (average median for 'Plant and Machine Operators and Assemblers' from the Report), apportioned 25% of earnings to the parents (multiplicand per parent S$421.75), and applied separate discounted multipliers of 12.04 years (1st Plaintiff) and 14.62 years (2nd Plaintiff) after adopting a 43% discount for vicissitudes, resulting in the damages awards and apportionment of liability (80% to 2nd Defendant, 20% to 1st Defendant).

Court Disposition

Judgment for the plaintiffs on assessment of damages; liability apportioned 80% to 2nd Defendant and 20% to 1st Defendant; specific damages awarded as set out below; 1st Defendant's counter-claim against 2nd Defendant allowed in part (undisputed amounts).

Orders

  • Loss of dependency: multiplicand S$1,687 per month; apportioned 25% to each parent (S$421.75 per parent)
  • Multiplier: 1st Plaintiff 12.04 years; 2nd Plaintiff 14.62 years