RAJINA SHARMA D/O RAJANDRAN v THEYVASIGAMANI S/O PERIASAMY & Anor

Case Significance

Rajina Sharma d/o Rajandran (suing by her litigation representative Theyvasigamani s/o Periasamy) v Theyvasigamani s/o Periasamy and another (Song Teck Chong, third party) [2024] SGHC 42 was decided by Teh Hwee Hwee J in the General Division of the High Court on 13 February 2024, in Suit No 994 of 2019. The proceedings concerned the assessment of damages suffered by the plaintiff in a road traffic accident. The defendants were Theyvasigamani s/o Periasamy and Jasmani bin Jaffar, with Song Teck Chong as third party.

The catchwords frame the issues as the measure of damages in personal injuries cases, including the appropriate multiplier and multiplicand; pre-trial expenses and pre-trial loss of earnings, including the pre-trial loss of earnings of the plaintiff's caregiver; general damages for pain and suffering, loss of future earnings, loss of retirement benefits and future losses and expenses; and the application of paragraph 159 of the Supreme Court Practice Directions 2013 and the "Actuarial Tables with Explanatory Notes for use in Personal Injury and Death Claims", with adjustment for other vicissitudes. A notable question identified was whether the plaintiff was entitled to damages for the pre-trial loss of earnings of her caregiver, who was also the tortfeasor. The plaintiff was represented by DL Law Corporation; the defendants by Securus Legal LLC and Willy Tay's Chambers; and the third party by Titanium Law Chambers LLC.