Court delays ruling on payout to ex-poly student with
brain damage
SINGAPORE : A former polytechnic student who
suffered brain damage in a road accident in 2004 has yet to know
how much more money she would be entitled to.
This is because the Court of Appeal needs more time
before coming to a decision as it said its ruling would have a
significant impact on future cases involving payouts over loss of
future earnings.
However, she was still awarded S$75,000 on Friday as
an initial payment.
In 2004, then 17-year-old Teo Ai Ling suffered brain damage and
other physical disabilities, including being blinded in one eye,
after being hit by a motorcycle.
The former Ngee Ann Polytechnic student was later awarded S$492,000
by the High Court in February for loss of future earnings.
Judicial Commissioner Steven Chong, who delivered the earlier High
Court judgement, had said there was "no hard-and-fast rule that
students with no employment at the time of the accident" could not
claim for loss of future earnings.
In court on Friday, the central issue was whether Ms Teo should be
awarded a lump sum, as is the current practice, or should she be
awarded provisional damages.
This means that she would be awarded part of the money first, then
if her condition deteriorates years later, she could seek further
claims. But it would still have to come before the court to
determine if this was agreeable.
Justice Chao Hick Tin - one of the three judges present - decided
to reserve judgement to allow time for further discussion as the
decision would have a bearing on similar cases.
Defence lawyer Madan Assomull, who represents the insurance
company, was in favour of awarding Ms Teo provisional damages as
this would allow her to "come back to get another bite of the
cherry".
Ms Teo's lawyer, Mr Tang Gee Ni, however argued for damages to be
paid out in full as his client's medical condition had
stabilised.
He said Ms Teo did not obtain her diploma in business studies due
to her condition and now works as a data entry officer. She also
had to shelve plans to enter the food business.
Justice V K Rajah called Ms Teo a "remarkable young lady" and said
it could be in her interest to seek provisional damages, where she
could return at a later date to assess further claims.
- TODAY/al