AN AUSTRALIAN tourist badly hurt in an Orchard Road accident in 2003 has been awarded more than $973,000 by the High Court for the pain suffered, her medical bills and the loss of future earnings.
Ms Linda Shaw, 32, an Adelaide-based physiotherapist, picked up such horrific head and leg injuries that she was bedridden for two months, wheelchair-bound for another seven and on medical leave for a little more than two years.
Unable to meet the physical demands of her full-time job, she was forced to work part-time.
She did not get the amount she sought, which, going by court documents, was more than $1.65 million.
However, in computing the amount in lost future earnings, Assistant Registrar Lim Jian Yi made the rare move of factoring in the annual leave entitlement she lost as a result of being able to work only part-time.
Based on four weeks of annual leave over 16 years, this worked out to some A$91,800 (S$97,300).
Ms Shaw had claimed $280,000 for pain and suffering from her head injuries, but this was pared to $50,000.
Just after midnight on Dec 6, 2003, she was with her husband, father- in-law and his friend, waiting to cross Paterson Road at the traffic lights when an out-of-control Mercedes-Benz driven by then-national serviceman Samuel Chai mounted the pavement and hit them.
Mr Chai, convicted of dangerous driving, was jailed for a month, fined $3,000 and banned from driving for five years.
Ms Shaw's husband, father-in-law and his friend, also injured, have filed separate claims, which have since been settled out of court.
Judgment was given in Ms Shaw's favour in November 2006.
As the lawyers for the two sides could not come to an agreement on the amount, the case went to the High Court.
Last August, Ms Shaw came here to testify in a High Court hearing to assess the amount of damages she should get.
Her lawyer, Mr P. Ashokan, from KhattarWong told the court she is now easily fatigued and is unable to perform heavy work as her right arm is weak and her coordination is impaired, among other problems.
Before the accident, she could walk several floors of a hospital, treat up to 27 patients a day and hand-write their case notes, among other duties.
Defence lawyer Anthony Wee and Mr Ashokan are due back in court next Monday to sort out the legal bills.
