A policewoman spent four months in the hospital with brain damage and vision loss after she was flung from a motorbike.

39-year-old Rajina Sharma Rajandran had been riding pillion on her husband's motorbike when the latter was forced to brake after a motorbike in front skidded.

She survived the calamity, but suffered severe injuries that affected her job and way of life.

A court awarded her S$3.4 million in damages on Feb. 13.

The accident

Rajina was perched behind her husband as they rode along the Central Expressway towards the Ayer Rajah Expressway on Nov. 2, 2016.

A motorcyclist who had been riding in front of the couple, Jasmani Jaffar, suddenly skidded and fell from his bike.

This caused Rajina's husband, Theyvasigamani Periasamy, to hit the brakes too.

They were unable to avoid Jasmani, however, and slammed into the rear of his motorcycle.

Rajina was flung off the bike and sustained severe injuries. She was quickly ferried to Tan Tock Seng Hospital.

There, she was resuscitated and underwent various medical procedures over four months.

Her myriad of injuries included traumatic brain injury with permanent speech and cognitive impairments, loss of functional independence, vision loss in both eyes, nerve palsy affecting the face, and seven rib fractures.

Lost her job

Rajina was serving as a senior staff sergeant with the Singapore Police Force (SPF).

She had joined the force when she was 19 and made her way up the ranks.

Rajina had also racked up a number of accolades including the Singapore Police Service Good Service Medal, the Singapore Police Service Long Service and Good Conduct Medal, and multiple Commissioner of Police's Commendation awards.

Her service was terminated because of the accident.

"By all accounts," said the judge, "[Rajina] was active and physically fit, and was a fully-functioning and contributing member of society before the accident."

"But now, she suffers from very grave functional deficits."

Loss of future earnings

Rajina was awarded S$3.4 million in total.

The case was conducted by Jasmani and Theyvasigamani's insurers, from whom the money is likely to come.

Through her husband, Rajina sought S$2.09 million for her loss of future income, inclusive of employer's Central Provident Fund (CPF) contributions.

This took into consideration the salary scale of S$3,580 to S$5,490 of a senior staff sergeant, at the time of the accident, coupled with bonuses.

The judge also determined her retirement age to be 58.

Rajina was awarded S$1.96 million for the loss of future earnings.

She also claimed S$705,900 for future caregiver expenses, as her current caregiver — her husband — wanted to return to work. But she was awarded S$400,848.

This amount accounted for a caregiver's monthly pay of S$650, on top of other expenses such as levies, insurance, and living expenses.

Shorter expected lifespan

Rajina claimed S$250,000 for her traumatic brain injury, and another S$15,000 for her visual impairment.

Parties agreed, however, that Rajina was expected to live up to the age of 72, as opposed to the age of 86 for other females born in the same year.

This meant that she "will continue to feel pain, or suffer from her injuries, for a shorter period of time".

The judge ended up awarding her S$205,000 for her traumatic brain injury.

Rajina also received S$296,375 for the loss of retirement benefits under the SPF INVEST Scheme, and S$300,291.34 for her pre-trial loss of earnings.

Husband already took care of her, no need for 'double compensation': Lawyers

Rajina also wanted to claim for her husband's pre-trial loss of earnings.

Theyvasigamani was earning a gross monthly salary of S$3,640 before the accident.

He later took no-pay leave for about four months to care for his wife, before resigning in August 2017 to tend to her full-time.

The lawyers of Theyvasigamani's insurers opposed the claim for his pre-trial loss of earnings.

They argued that he'd already compensated his wife by providing gratuitous care, being the one operating the motorcycle during the accident.

If he were to pay damages to his wife for this claim, he would be paying double compensation, they said.

The judge disagreed.

She awarded S$93,080 for the husband's pre-trial loss of earnings.

Theyvasigamani's insurers will get a "windfall by saving on a pay-out that they would otherwise be obligated to make", the judge countered.

Moreover, it will be "wholly unfair" for Rajina to be denied her claim just because her husband "acted faithfully, and out of his love for his wife".

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