Court criticises NTUC Income for ‘stonewalling’ and ‘unfounded objections’
A district court awarded over S$417,000 in damages to the son of a traffic accident victim and criticised NTUC Income for “unreasonable behaviour”.
The court also slammed the insurer for its “unfounded objections” to some claims and “casually impersonal stonewalling”.
Traffic accident victim suffered brain injuires during traffic accident & became bedridden
Mr Ko Wah, the traffic accident victim, was knocked down in a motor accident by Samikannu Manickavasakar in June 2019.
The victim, who was 78 years old at the time, suffered severe brain injuries that needed multiple surgeries.
He was also left bedridden and permanently mentally incapacitated.
Mr Jonathan Ko, the son of Mr Ko Wah, became heavily involved in the care of his father, along with his sister and a domestic helper.
In his capacity as the administrator of the older Ko’s estate, Mr Jonathan Ko subsequently sued Samikannu for:
- His father’s pain and suffering, and loss of amenities arising from his injuries in the accident
- His father’s medical expenses and further expenses
- Loss of pre-trial earnings
His father died in Oct 2024, five years after the accident.
NTUC Income criticised for ‘unreasonable behaviour’
In his judgement, made available on Wednesday (1 Oct), Deputy Registrar Kim Bum Soo criticised NTUC Income for “wholly unreasonable behaviour”.
He also accused NTUC Income of having “unfounded objections” to some claims and “casually impersonal stonewalling that some would associate with the worst administrative processes”.
NTUC Income argued that Mr Ko Wah had been comatose the entire time, and “could not have appreciated any pain and suffering at all”.
This was despite “clear” evidence of Mr Ko Wah being “alert” and “appeared to understand simple instructions” during periods of time.
There was also the legal position that injured people are still entitled to damages for loss of amenities even if they are unable to feel pain and suffering.
Mr Kim noted that NTUC Income declined to explain themselves on their “unyielding and apparently unreasonable position” even when presented with an “explicit opportunity” to do so.
S$417k awarded to son for damages
In the judgment, Mr Kim noted that NTUC Income had “staunchly refused” to pay for any ambulance-related expenses.
The deputy registrar described it as inexplicable that the insurer would pay for hospital expenses, but not for transportation to the hospital.
He went on to point out that the claims regarding the ambulance rides were “perfectly legitimate reasons” — each of the rides were accompanied by “contemporaneous hospital invoices”.
The price of milk powder was another objection from NTUC Income, with the organisation arguing that the victim should have opted for a “more cost-effective” alternative.
In response, Mr Kim argued that the late Ko had chronic obstructive pulmonary disease before the accident.
As such, the milk powder given to him — since he could no longer consume solid food after the accident — had to accommodate his pre-existing condition.
Mr Jonathan Ko was eventually awarded S$417,304 in damages, including S$218,000 for his father’s pain and suffering, and nearly S$122,900 in medical expenses.
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Featured image adapted from NTUC and by MS News.Â
