Singh v Harika

Singh v Harika concerned an appeal from a decision of the District Court of New South Wales regarding a motor accident. The plaintiff, a 14-year-old girl, sustained severe injuries when the car in which she was a passenger, driven by an intoxicated 19-year-old man, collided with a tree. Liability for the accident was admitted by the defendant. The primary dispute on appeal related to the apportionment of contributory negligence and the assessment of damages.

The legal issues before the Court of Appeal were whether the Trial Judge erred in finding the plaintiff 12% contributorily negligent, and whether the quantum of damages awarded for future economic loss was inadequate. Specifically, the court considered the principles applicable to contributory negligence where a young passenger accepts a lift from an intoxicated driver, and the assessment of future economic loss in light of the plaintiff's pre-existing disabilities and limited future employment prospects.

The Court of Appeal affirmed the Trial Judge's finding of 12% contributory negligence, holding that a 14-year-old passenger has a responsibility to take reasonable care for her own safety, even when accepting a lift from an intoxicated driver. However, the court found that the Trial Judge's assessment of future economic loss was not consonant with the findings regarding the plaintiff's limited employment prospects. Consequently, the court substituted a higher sum for future economic loss, increasing the overall damages award.

The appeal was allowed with costs, and the damages award was increased by $88,000.