Mr Bong has sought more than $630k in damages. The default judgment was given to Ionescu, but the amount of damages to be paid will be decided later. -TNP
Sat, Aug 21, 2010; The New Paper
A VICTIM allegedly knocked down by Romanian Silviu Ionescu has won the first civil suit filed against the former diplomat.
The High Court, in a default judgment on Aug 12, ruled that Ionescu pay Mr Bong Hwee Haw, 24, for damages, said court papers.
Ionescu was allegedly involved in a hit-and-run accident last December in Bukit Panjang which killed Mr Tong Kok Wai, 30, and injured two other pedestrians, including Mr Bong.
Default judgment
The Straits Times had reported in July that Mr Bong has sought more than $630,000 in damages including the loss of future earnings, medical expenses and transport costs.
The default judgment was given as Ionescu, who is currently in detention in Romania pending the start of his criminal trial there, did not enter his defence.
The amount of damages to be paid will be decided at a later date.
Separately, NTUC Income, the insurer of the Audi A6 involved in the accident, applied to the High Court not to be liable for any claims for injuries suffered by Mr Bong as a result of the accident.
The application was granted on July 26.
NTUC Income has also applied successfully to be made a co-defendant in the court proceedings involving the assessment of the damages to be paid to Mr Bong.
A written affidavit filed by Mr Desmond Tan Yen Hau, a partner in law firm Lee and Lee, said the insurer had asked not to be held liable for claims arising from the case as Ionescu had breached the terms of the policy.
He pointed out NTUC Income's general exclusion clause which states that it will not insure "any accident, loss, damage, injury or liability" where the vehicle is driven by "anyone whilst under the influence of intoxicating liquor or drugs".
In the affidavit, Mr Tan had quoted findings from Mr Tong's coroner's inquiry in March this year. "It was... established that prior to the accident(s), (Ionescu) had consumed alcohol and liquor...," he said.
"The claim is therefore excluded on the basis that (Ionescu) was driving the insured vehicle at the material time under the influence of intoxicating liquor."
So it does not matter even if the blood alcohol level of the driver is below the legal limit of 80mg/100ml.
Generally, insurance policy terms do not specify the exact levels of intoxication, lawyers and insurance experts told The New Paper.
But they noted that such wide-ranging, blanket clauses are common.
Lawyer Chia Boon Teck said: "Such provisions are not uncommon, although it may be phrased differently by different insurers.
"It would be surprising if the clause specifies an exact amount (of liquor or drugs) that can be consumed. Why would they? It's almost impossible for them (the insurers) to prove."
Mr Chia added that insurers do not have the authority to send intoxicated drivers for testing, so they rely on authorities' investigations to establish if the driver is intoxicated.
Exclusion clause
If a driver is convicted or pleads guilty to drink driving, the insurer's exclusion clause kicks in and the insurer can disclaim liability, he said.
But as laid out in the affidavit, even though NTUC Income is "no longer contractually bound to indemnify" Ionescu, the insurer is still required by law to pay Mr Bong first.
It will then recover the amount from Ionescu.
This is also a standard procedure in road accidents where the driver is intoxicated, said Mr K Anparasan, 42, partner at law firm KhattarWong.
He explained: "Even if the driver is under the influence of drugs or alcohol, the insurer is required to pay the victim of the accident.
"The whole idea is to make sure the victim is not left uncompensated. The insurer reserves the right to go after the driver to recover that amount."
Mr Ken Loh, 43, managing director of insurance agency M Plus Consultancy, added: "The law is made to protect the innocent, so that the accident victims do not suffer loss without redress. If no one pays their bills, then public interest is hurt."
ABOUT THE CASE
FORMER Romanian diplomat Silviu Ionescu, 50, is alleged to have killed a pedestrian and injured two others in a double hit-and-run accident in Bukit Panjang on Dec 15 last year.
Mr Tong Kok Wai, 30, died of his injuries more than a week after the accident.
His friend, Mr Bong Hwee Haw, 24, and another pedestrian Mr Muhammad Haris Abu Talib, 18, were also injured.
Ionescu left Singapore three days after the accident.
The Straits Times reported that Mr Bong received an interim payment of $30,000 from NTUC Income in April.
The payment will be taken into account in future compensation Mr Bong may receive from the insurer, said the report.
Mr Bong is represented by Mr Namasivayam Srinivasan of HOH Law Corporation.
This article was first published in The New Paper.
http://www.asiaone.com/News/The%2BNew%2BPaper/Story/A1Story20100820-233114.html
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