KUALA LUMPUR – The high court in Singapore has awarded SG$4.75 million (RM15.73 million) in compensation to a Singaporean citizen who lost his mental capacity following a severe traffic accident in Malaysia, which occurred near the Kempas Toll Plaza in Johor on February 12, 2018.
According to The Straits Times, this may represent one of the largest compensations ever awarded to a Singaporean victim of a foreign accident.
The victim, Lim Chun Yong, now 44, was travelling as a front-seat passenger in a Toyota Innova involved in a multi-vehicle collision. The crash, which took place about 270m from the toll plaza, included a semi-trailer, the Innova, and a BMW X3.
Lim sustained significant brain damage in the incident, which left him unconscious and requiring urgent medical care. Since the accident, Lim has required full-time care due to his severe disabilities.
Initially cared for at home by his wife, Janet Fung, with the help of a domestic helper, his condition eventually led to his placement in a nursing home due to worsening behavioral issues.
Fung subsequently filed a suit against six defendants, which included the drivers and owners of the vehicles involved.
In a 12-day court trial, judicial commissioner Alex Wong found the defendants jointly and individually liable for Lim’s injuries. Responsibility was distributed as follows: 50% on semi-trailer driver Mohd Jafri Abdul Hamid and his employer, Syarikat Continent Lorry Transport; 30% on Toyota driver Jeffrey Yap and the car owner Liew Loy Sang; and 20% on BMW driver Low Woon Hong.
In addition to damages for pain, suffering, and medical costs, the court awarded over SG$1.87 million for Lim’s ongoing nursing care needs, rejecting arguments from the defence that Fung had a legal obligation to care for her husband at home, citing a precedent clarifying that family members should not be expected to act as free caregivers.
The award also included close to SG$1.6 million in compensation for Lim’s lost future earnings. At the time of the accident, Lim held a degree in finance from an overseas institution and was employed, with the court noting his unlikelihood of ever resuming work, The Straits Times reported.
Lim’s lawyer, Raj Singh Shergill, emphasised the importance of the case in illustrating that Singapore courts can address damages for foreign accidents, especially when losses are mainly borne domestically.
The defendants have announced intentions to appeal the ruling. – November 1, 2024