Singapore Bus Service (1978) Ltd v Lim Soon Yong

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 07 September 1983
• Neutral Citation: [1983] SGCA 8
• Docket Number: Civil Appeal No 18 of 1983
• Date: 07 September 1983
• Published date: 19 September 2003
• Year: 1983
• Plaintiff Counsel: YH Cheong (Chan, Goh & Co)
• Citation: [1983] SGCA 8
• Defendant Counsel: D Murphy (Godwin & Co)
• Court: Court of Appeal (Singapore)
• Subject Matter: Death,Dependency claim,Damages,Need to take into account future promotions, etc,s 12(8) Civil Law Act (Cap 30),Assessment of pecuniary loss,Measure of damages,Whether CPF contribution of deceased formed part of dependency claim

This appeal arises from an action by the respondent against the appellants. The respondent brought the action under s 12(8) of the Civil Law Act (Cap 30) as the widow of Kwan Yat Hong for the benefit of the dependants of Kwan Yat Hong who was killed whilst driving a motor car which collided with a motor bus driven by the servant of the appellants along Commonwealth Avenue West on 26 May 1979.

When the action came on for hearing on 15 October 1982, judgment by consent was given for the respondent and damages were ordered to be assessed by the registrar and costs to be taxed.

On 31 January 1983, the assistant registrar assessed the damages at the sum of $3,000 for funeral expenses, $59,808 to the respondent as dependency under s 12, $44,856 to the respondent as dependency from the Central Provident Fund (CPF) and $13,896 to the respondent for the mother of the deceased as a dependant.

The respondent appealed against the decision of the assistant registrar. Abdul Wahab Ghows J increased to $148,000 the dependency claim of the respondent and ordered the award of $44,856 as dependency from the CPF to remain.

The appellants are dissatisfied with the judgment of Abdul Wahab Ghows J increasing the dependency claim of the respondent from $59,808 to $148,000 and awarding the dependency of $44,856 from the CPF.

The appellants say that the increase of the dependency claim to the respondent to $148,000 was not justified by the evidence before the learned judge.

The learned judge did not in fact increase the dependency claim of the respondent from $59,808 to $148,000. The learned judge increased it to $128,000. $20,000 of the $148,000 was for the mother.

In calculating the damages to be awarded the assistant registrar took the respondent`s dependency to be $400 per month and applying a multiplier of 20 years purchase this came to $59,808.

The deceased was aged 32. He was in a steady job as a store purchasing officer. The evidence was that in April 1979, he was drawing a basic salary of $950 per month. If he had not died he would have been promoted to materials manager and would be getting $2,000 per month in July 1981, and $2,200 per month in 1982 like Mr Lee who was recruited in September 1979, to take the deceased`s place. The deceased died in May 1979, and his position had to be filled.

The assistant registrar when taking the respondent`s dependency to be $400 pm had failed to take into account the pecuniary loss which it was estimated the dependant would...