News @ AsiaOne

He'll get $266,000 for freak accident

Government accepts 70 per cent liability for fall at Woodlands checkpoint. -TNP

Wed, Nov 05, 2008
The New Paper

HE sued the Government for negligence after a freak accident left him paralysed from the neck down more than two years ago.

Last Thursday, Mr Selvanaikam Mathalamuthu, 71, agreed to settle the suit against the Attorney-General's Chambers for $266,000 in damages.

But he is still worried about being a burden on his family, specifically if the settlement money runs out before he dies.

His lawyer, Mr Pritam Singh Gill, said: 'My client is concerned that the money will not be enough if he lives up to 90, but there's no way to predict a person's mortality.

'In addition, his frustration is still there as he knows that no amount of money can bring back his health.'

Mr Selvanaikam's freak accident took place near the Woodlands Checkpoint on 29 Jun 2006, when he was returning from Johor Baru on his motorcycle.

The former security guard had gone to JB to buy groceries, as he had done once or twice a month for 35 years, to save money.

When a metal gate suddenly swung towards him, he hit the brakes hard to avoid a collision and fell off his motorcycle.

He was unable to get up and called to passers-by for help, one of whom called an ambulance, while another offered to help him call his family.

At the National University Hospital, he was told that he had a spinal-cord injury.

No cure

He underwent an emergency operation the next day at Gleneagles Hospital, but was still bedridden after the operation and could not control his bladder and bowel movements.

His wife, Madam Therisemah Soverimuthu, now 61, a housewife, spent about 12 hours in the hospital with him each day.

He was later sent for rehabilitation at Ang Mo Kio hospital.

Meanwhile, his medical bills mounted.

Mr Selvaniakam, who used to earn $800 monthly, said he had little savings.

His three children, who are in their 30s with their own families, had been giving him and his wife about $500 each month.

In November 2006, a medical report concluded that his 'disability is permanent'.

Dr James Lee, a consultant orthopaedic surgeon, wrote: 'He... will need round-the-clock nursing, including two-hourly turning for the rest of his life.

'He is likely to be bedridden for the rest of his life and is at risk of suffering complications... such as urinary tract infection and cystitis, bedsores, chest infection and impaction of faeces.'

Cystitis is inflammation of the bladder.

Mr Selvanaikam is still paralysed from the neck down and has to rely on his family and maid for the most basic needs.

Madam Therisemah told The New Paper last week: 'The maid and I have to help him do everything, including urinating.'

Mr Selvanaikam requires a urinary catheter, a tube used to drain urine from the bladder, stated his medical report.

He also requires manual bowel evacuation, where his faeces is removed by a caregiver using his or her fingers.

Madam Therisemah said: 'I don't think about the tiredness (from looking after him) because I love him so much. I only feel tired when I think about it.'

Mr Selvanaikam decided to sue the Government, which was represented by the Attorney-General's Chambers (AGC), for negligence. A writ of summons was filed in December 2006.

ICA involved

The statement of claim noted that 'the metal gate was manned by the employees of the Immigration and Checkpoints Authority (ICA)' and the 'accident was caused solely by the negligence... of the defendants'.

It noted that Mr Selvanaikam had 'suffered injuries, has endured pain and suffering and has been put to loss and expense'.

Earlier this year, the AGC accepted '70 per cent liability' for the accident, according to court documents.

Mr Gill said that up to that point, the ICA had not offered his client any compensation.

Last Thursday, a consent judgment was entered in the High Court, stating that the Government will pay Mr Selvanaikam a sum of $266,000 as compensation for damages, medical expenses and future expenses.

His son and son's family have since moved into the couple's five-room Jurong West flat to help out.

Madam Therisemah had said previously: 'Before the accident, he was an independent man who could walk and go to the bathroom. Now, he can only lie down.

'It's very hard for him.'

 
 
 
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