SINGAPORE, Oct 31 — A Singaporean man who lost his mental capacity following a severe traffic accident in Malaysia six years ago has been awarded S$4.75 million (RM15.73 million) by the High Court in Singapore.
According to The Straits Times, this may be the largest compensation granted to a Singaporean victim of such an incident in Malaysia.
The ruling was delivered in June 2024.
The Straits Times reported today that Lim Chun Yong, 44, sustained significant brain damage after the accident, which occurred on February 12, 2018.
At the time, he was a front-seat passenger in a Toyota Innova that was involved in a chain collision involving three vehicles along a stretch of highway about 270m from the Kempas Toll Plaza in Johor.
The crash involved a semi-trailer, the Innova, and a BMW X3, resulting in Lim being knocked unconscious and requiring immediate medical attention.
Since the accident, Lim has needed full-time care due to his debilitating condition.
Initially cared for at home by his wife, Janet Fung, along with a domestic helper, Lim’s care needs escalated as he developed behavioural issues, leading his wife to admit him to a nursing home.
Fung subsequently filed a lawsuit against six defendants, including the drivers of the vehicles involved.
The case, which spanned 12 days in court, concluded with Judicial Commissioner Alex Wong finding the defendants jointly and individually liable for Lim’s injuries.
The blame was apportioned as follows: 50 per cent on semi-trailer driver Mohd Jafri Abdul Hamid and his employer, Syarikat Continent Lorry Transport; 30 per cent on Toyota driver Jeffrey Yap and car owner Liew Loy Sang; and 20 per cent on BMW driver Low Woon Hong.
The court awarded over S$4.7 million, which included S$1.87 million for Lim’s ongoing nursing care.
The judge dismissed the defence’s argument that Fung had a legal obligation to care for her husband at home, referencing a precedent case that clarified family members should not be viewed as free caregivers.
Additionally, the judgment accounted for almost S$1.6 million in lost future earnings, as Lim, who held an overseas degree in finance and was employed at the time of the accident, is unlikely to work again.
The compensation package also included amounts for pain and suffering, medical expenses, and future occupational therapy.
Lim’s lawyer Raj Singh Shergill highlighted that the case underscores the ability of victims to pursue legal action in Singapore courts for accidents occurring abroad, particularly when pretrial and future losses are primarily incurred in Singapore.
Despite the significant award, the defendants have indicated plans to appeal the court’s decision.
