See Ah Haw v Ong Hock Thian and Another

• Jurisdiction: Singapore
• Judge: Lai Kew Chai J
• Judgment Date: 12 September 1984
• Neutral Citation: [1984] SGHC 24
• Docket Number: Suit No 4703 of 1983
• Date: 12 September 1984
• Year: 1984
• Published date: 19 September 2003
• Plaintiff Counsel: Ronnie Quek (Shook Lin & Bok)
• Citation: [1984] SGHC 24
• Defendant Counsel: Chia Choy Ping (YM Ho & Chia)
• Court: High Court (Singapore)
• Subject Matter: Whether multiplicand of $530 pm too high,Fatal accident,Death,Damages,Deceased sub-contractor aged 22,Measure of damages

This is an appeal against the assessments of the learned assistant registrar who allowed $95,400 for loss of earnings using the multiplicand of $530 per month over a multiplier of 15 years and $3,000 for pain and suffering. There is no appeal against the other assessments and orders of the learned assistant registrar.

For the appellants, it was argued that the multiplicand based on the basic salary of $1,000 was much too high as a substantial portion of it was overtime pay and as income tax was not deducted. The appellants submitted that $200 per month as the multiplicand was more realistic. The appellants do not dispute the multiplier of 15 years. As for the item for pain and suffering, it was submitted that the deceased was in coma immediately after the accident followed by death and that therefore there was hardly any sensation of pain and suffering.

The father and a co-worker of the deceased gave evidence for the respondents before the learned assistant registrar. The deceased died on 3 November 1979 after a motor accident at the `T` junction between Yuan Sheng Road, and Ho Ching Road, Singapore. He was then 22 years old and was working for a sub-contractor in the Promet Shipyard, Singapore on a six-month work permit. He was a mechanical fitter. He had studied up to Secondary II in Johore, Malaysia, after which he started work at the age of 15. The father said in evidence that the deceased used to remit to him `around $400 at least per month`. Evidently, it could be more or less than $400 per month.

The co-worker, Soh Swee Seng, testified that the deceased `earned about $20 per day (with) a monthly salary of $900 to $1,000 per month inclusive of overtime`. He said that in 1979 the shipyard was very busy with work to do all the time. It was obviously a peak period, with workers earning a lot of overtime. He also said that by 1982 work in the shipyard had lessened. The deceased did not pay any income tax because he was only on a six-month work permit.

I am persuaded that the multiplicand of $530 per month, derived from the gross salary of $1,000 per month less the expenses of the deceased, was manifestly on the high side. In assessing the multiplicand, one must start off with the earnings at the time of the accident. The basic pay of the deceased was $20 per day or about $600 per month. One must allow some overtime pay, but not the entire overtime pay on the upper end of the scale, seeing that the overtime pay was earned at a peak period of...