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Motorcyclist who lost lower right leg in accident awarded about S$450,000 in damages

SINGAPORE — A High Court judge has ordered a taxi driver to pay damages amounting to about S$450,000 to a motorcyclist who lost part of his right leg in an accident in 2011.

SINGAPORE — A High Court judge has ordered a taxi driver to pay damages amounting to about S$450,000 to a motorcyclist who lost part of his right leg in an accident in 2011.

Mr Kenneth Quek Yen Fei’s right foot was severely mangled and his right leg had to be amputated below the knee. Justice Tay Yong Kwang had ruled in 2013 that the cabbie was 100 per cent liable for the accident.

In a written judgment released this month, the judge awarded Mr Quek S$452,509.41 in damages, inclusive of interest.

On Aug 11, 2011 at around 4am, taxi driver Yeo Chye Huat, who was in his 50s, collided into Mr Quek, then aged 20, who was riding his motorbike along Bencoolen Street in the direction of Fort Canning Road.

In cutting across lanes sharply, Yeo did not pay attention to traffic coming from behind him on his left and did not notice the motorcyclist until the collision.

Mr Quek, who was serving National Service then, was flung off his bike. Apart from the severe injuries mentioned above, he also sustained a fracture to his right collarbone.

In listing the damages, Justice Tay asked that Yeo pay Mr Quek S$80,000 in damages for his amputation, which is higher than the range that the court may order in personal injury cases. The typical range is between $40,000 and $70,000 for amputation of the lower leg. He had factored the pain and suffering Mr Quek endured from surgery and that four years after the accident, he continues to experience phantom limb pain and pain from neuroma (a disordered collection of nerve fibres) at the amputation stump.

Allowance should be made for the suffering that comes from losing a leg at such a young age, the judge added.

He also awarded S$15,000 and S$7,000 in damages respectively for the collarbone fracture and multiple scarring, and Mr Quek is entitled to about S$107,000 for future medical expenses over 18 years.

On top of this, there is a lump sum of S$1,000 for his future transport expenses because he is physically capable of taking public transportation or even travel by motorcycle.

Given that Mr Quek had dropped out of secondary school prior to the accident and did not show a consistent employment history to reflect a particular career path he would have taken, only damages for the loss of earning capacity was awarded — S$162,000 over 18 years — but not the loss of future earnings.

While his present level of education made it difficult for him to find desk-bound work and he is likely to be hired for manual work, Justice Tay added that the accident had also significantly limited the victim’s ability to do manual work since he is unable to stand or walk for long hours.

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