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ajl-case:-special-judge-censures-senior-advocate-for-personal-remarks

Singapore — A man who was severely injured when a car slammed into him when he was walking on a footpath in Hougang was awarded more than $2 million in damages.

Now 30, Muhammad Adam Muhammad Lee had been at a kerb on a footpath in Hougang Avenue 2 when the accident happened on April 3, 2015.

Mr Adam had been about to begin a computer engineering diploma course, The Straits Times reports. And while he twice tried to continue his studies — in 2017 and 2020— he was unable to.

The accident caused multiple skull fractures, bleeding in the brain, facial fractures and a leg fracture. He ended up in hospital for more than four months, and underwent several procedures. Several of his injuries were grave and permanent, and he also became mentally incapacitated.

His mother and sister filed the lawsuit on his behalf against the driver of the car that hit him, Mr Sean Tay Jia Rong.

Mr Tay’s insurers accepted he was fully liable for the accident, they questioned several categories of the claims.

The High Court awarded Mr Adam more than $2 million in damages on Wednesday (Nov 24), including about $1 million for the loss of future earnings, $216,000 for his traumatic brain injury, $370,800 for a future full-time domestic helper and $10,000 for loss of marriage prospects.

Special damages including $237,448.03 for medical expenses, $21,739.84 for a caregiver, and $1,219.55 for loss of polytechnic fees were also included in the award.

The family had also sought $10,000 in aggravated damages after they found out that the insurers had asked private investigators to take videos of the victim.

This, however, was rejected, with Justice S. Mohan saying that it’s not unusual for insurance companies to surveil insurance claimants who report grievous injuries due to negligence.

The judge praised Mr Adam for doing his utmost to return to normalcy after his accident, saying he “displayed remarkable and commendable tenacity in recovering from some of his very serious injuries and in attempting to return to his pre-accident life.”

He also hoped that Mr Adam would not allow the accident “to define the rest of his life,” despite the serious effects it left on him.

Mr Adam’s future job prospects were the subject of contention between his family and the insurers of Mr Tay.

While the insurers claimed Mr Adam is still able to do “light jobs”, his family says that due to his extensive injuries, he will no longer be able to work for the rest of his life.

In 2017, he tried to work at a bubble tea shop, his sister told the court. But he lasted no longer than three days as he was deemed too slow for the work he needed to do.

A psychiatrist’s report on Mr Adam says he can do day-to-day activities including eating and bathing on his own, but his ability to do other tasks essential for living independently has been greatly affected. He cannot manage money greater than $100, is unable to cook, manage his healthcare on his own, or hold down a job.

He also had incidents of showing violence toward members of his family starting from 2018, which, according to a report from a neuropsychologist, is consistent with behavioural symptoms in those who suffer a traumatic brain injury.

He also suffers from major depressive disorder and persistent depressive disorder. /TISG

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