Loh Saik Pew v Tan Huat Chan

• Jurisdiction: Singapore
• Judge: Choor Singh J
• Judgment Date: 04 May 1976
• Neutral Citation: [1976] SGCA 5
• Citation: [1976] SGCA 5
• Defendant Counsel: HE Cashin (Murphy & Dunbar)
• Published date: 19 September 2003
• Plaintiff Counsel: CS Wu (Donaldson & Burkinshaw)
• Date: 04 May 1976
• Docket Number: Civil Appeal No 1 of 1976
• Court: Court of Appeal (Singapore)
• Subject Matter: Driver entering crossroads when lights were amber,Duty of driver on the other road to keep a lookout before moving off the stop line,Tort,Contributory negligence,Negligence

Cur Adv Vult

On 25 October 1972 the respondent, Tan Huat Chan, riding a motorcycle, was involved in a collision with a motor van driven by the appellant at the junction of Geylang Road, Aljunied Road and Lorong 22. The respondent was riding the motorcycle along Geylang Road in the direction of the city. The appellant was proceeding in his motor van down Aljunied Road, his intention was, ultimately, having crossed the junction, to enter Lorong 22 on the opposite side of the junction.

As a result of the accident the respondent suffered severe injuries. He sued the appellant for damages and the High Court gave judgment in his favour. DC D`Cotta J found that the appellant was wholly to blame for the accident. The parties had agreed damages at S$85,000.

As a result of the injuries sustained by the respondent in the accident he was not in a physical condition to give evidence and the only evidence given on behalf of the respondent as to the accident was given by an eyewitness, Mr Lim Siong Chin (PW1). DC D`Cotta J accepted the evidence of Mr Lim and rejected the evidence of the appellant and his witness, the van attendant.

The main ground of appeal is that DC D`Cotta J on the facts found by him, erred in finding that there was no contributory negligence on the part of the respondent.

The facts are these. On 25 October 1972 Mr Lim was riding his motorcycle along Geylang Road in the direction of the city. At the junction of Geylang Road, Aljunied Road and Lorong 22 the traffic lights were red and he stopped about seven feet behind the respondent, who had stopped at the white line. To his right was a Mercedes car which had stopped at the stop line. As soon as the lights turned green the respondent moved forward and Mr Lim followed very slowly into Aljunied Road. When the respondent had almost reached the centre of the intersection the appellant`s motor van came from Aljunied Road crossing the intersection to get into Lorong 22 at a speed of about 40 mph and after passing the Mercedes car collided into the respondent and as a result of the impact the respondent and his motorcycle fell on the road.

The finding of DC D`Cotta J was this:

The accident occurred as a result of the excessive speed at which the defendant was driving trying to beat the traffic lights at a very busy and dangerous intersection at the time of the day. Furthermore the defendant had failed to keep a proper lookout as a result of which he failed to observe the presence of the

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