Court delays ruling on payout to ex-poly student with brain damage

[Jiang Wei]

Court delays ruling on payout to ex-poly student with brain damage
Posted: 22 October 2010 2224 hrs
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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