Koh Siang Hong v Hum Weng Fong

• Jurisdiction: Singapore
• Judge: Lee Seiu Kin J
• Judgment Date: 12 December 2007
• Neutral Citation: [2007] SGHC 218
• Court: High Court (Singapore)
• Year: 2007
• Published date: 27 December 2007
• Plaintiff Counsel: Abraham Teo Siew Kuey (Abraham Teo & Co)
• Defendant Counsel: Edwin Chua and Peter Wong (Lawrence Chua & Partners)
• Subject Matter: Tort
• Citation: [2007] SGHC 218

12 December 2007

Lee Seiu Kin J:

1 The plaintiff is the widow of Teow Moi Chye (“Teow”) and the administratrix of his estate. Teow died as a result of an accident on 26 January 2004 at about 4.45am in which he, while riding his bicycle, collided with a motorcycle ridden by the defendant (“Hum”) along Ang Mo Kio (“AMK”) Ave 3. The plaintiff brought this action on behalf of Teow’s dependents, namely herself, her youngest son, her mother and Teow’s mother.

2 After a one day trial on 23 July 2007, I adjudged Hum to be liable to the plaintiff for two-thirds of damages which are to be assessed. I reserved the question of costs to the registrar. Hum has since lodged a notice of appeal against my decision on the extent of his liability and I now give my grounds of decision.

3 The plaintiff gave evidence that Teow was a school-bus driver. She assisted him in his work as a bus attendant. It was his practice to cycle from his home at Block 618 AMK Ave 4 to the place where his bus was parked for the night, at Serangoon Garden South School at AMK Ave 3. He would drive it home to pick up the plaintiff. He usually set off at around 4.30am and the plaintiff testified that he did so on the morning of 26 January 2004. That was the last time she saw him alive.

4 Hum gave evidence that he had been a welder until he retired at 55 years of age. He was about 58 years old at the time of the accident. On the night before the accident, he was at a coffee shop at Kallang Baru from about 9pm for dinner. He met up with some friends and they drank together. He said that he consumed three large bottles of Carlsberg beer. As it was raining heavily he could not leave for home until about 4.15am the next morning. Hum said that he did not sleep at the coffee shop while he was there. As he left he put on his raincoat, and got on his motorcycle to head for home, which was at Block 678 Hougang Ave 8. He first took the Central Expressway (“CTE”) and turned out at AMK Ave 3 towards Hougang.

5 Hum said that his speed on the CTE was a little faster than 50 km/h while along AMK Ave 3 he travelled at 50 km/h at it was raining at the time. The accident took place at the junction of AMK Ave 3 and AMK Industrial Park (“AMKIP”) 2, which is a T-junction. At this location, AMK Ave 3 is a divided road with three lanes in either direction. Hum said that he was on the centre lane as he approached the junction and the traffic light was green in his favour. His headlights were on. Hum said that as he arrived at the junction Teow came out of AMKIP 2 on his bicycle. Teow had turned left into the slip road to enter AMK Ave 3 in the direction that Hum was travelling. Hum said that he tried to swerve to the right and apply the brakes of his motorcycle but was unable to avoid colliding into Teow. Hum’s motorcycle skidded, their vehicles collided and Teow’s head knocked...