JUDGMENT

Su Tiang Joo JC:

Query: In a running down action, should the Plaintiff who at the time of the accident had no driving license, no motor vehicle license (or commonly known as road tax) and no policy of insurance against third-party risks be entitled to any relief from the Court?

Introduction

[1] This is an appeal by the Appellant who was the Defendant in the Court below and a cross-appeal by the Respondent who was the Plaintiff against the whole of the decision of the Sessions Court Judge (SCJ) given on 27 December 2019 in a running down claim. In this judgment the parties shall be referred to as they were in Court below.

[2] Liability was apportioned with 70% cast upon the Defendant and 30% onto the Plaintiff.

[3] Each party contends that the other party ought to be found wholly liable for the accident.

[4] As a result of the accident, the Plaintiff suffered serious personal injuries.

[5] The Sessions Court's award of future loss of earnings and loss of earning capacity in favour of the Plaintiff was assailed by the Defendant as being baseless and speculative whereas the Plaintiff attacked it on the ground that there was too much deduction for living expenses.

[6] After hearing par