- Published: 28/10/2012 at 12:08 AM
The Straits Times newspaper reported that her lawsuit against the Singapore Mass Rapid Transit (SMRT) and the Land Transport Authority (LTA) will start Monday, and likely will last more than three weeks.Nitcharee is known as Nong Than across the entire country. Now 16, she fell onto the SMRT tracks while waiting for a train in April of last year. The oncoming train severed one of her legs below the knee, and the second had to be amputated during her hospital treatment.The incredible spirit and unfailing smile of the Trang teen have thrilled and touched the hearts of Thais - and many Singaporeans.But the executives of the SMRT and LTA and their lawyers will claim once again on Monday that the accident was her own fault, and tell the judge she doesn't even deserve an apology or sympathy, let alone damages or compensation.The Straits Times reported her lawsuit will ask the Singapore court to award her S$3.4 million (85.5 million baht, about US$2.79) in restitution and damages. Doctors in Singapore and in Bangkok have agreed that she will require about 20 changes of prosthetic legs and expensive medical care during her expected life time.The newspaper said Nitcharee was accompanied to Singapore by her father, Mr Kittanesh, 57, an insurance agent, and her elder sister, Thunravee, 22.Twelve witness will testify at a trial that the newspaper is expected to last 15 days and end on Nov 19. (Story continued below)
There is no prediction on when a verdict will be handed down. The court must decide if the SMRT and/or the LTA were negligent and contributed to the accident, and if so how much they should pay in damages.Nitcharee was in Singapore for a month-long school course in English when the accident occurred. She fell onto the MRT tracks at Ang Mo Kio station just as a train was pulling in. The hearing on Monday will mark the start of a trial to determine whether SMRT and LTA were at fault. The Straits Times reported that Nitcharee will be the first witness on Monday, followed by the investigative officer in charge of the case, and several experts. The SMRT lawyers from the Singapore law firm of KhattarWong have already claimed that Nitcharee fell on the tracks of her own accord. Members of Nitcharee's family have told reporters that she had been standing safely behind the yellow lines and that CCTV footage showed that she appeared to have been pushed or shoved by the crowd at the station.
Share your thoughts
- Discussion 1 : 29/10/2012 at 04:36 PM
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Difficult to see how you can fall in front of a train, if you are positioned correctly behind the lines at all-times, without receiving a huge push from behind to help you on the way ! So perhaps the authorities should be looking for the "perpetrator" ! It may very well be an honest accident but steps need to be taken to ensure it does not and can not happen again.
- Discussion 2 : 29/10/2012 at 02:48 AM
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The issue for SMRT and LTA, which are very profitable and cash rich entities, is centered on the principles of public liabilities/responsibilities based on the facts of the case as presented by the relevant resources available. If there are significant/valid grounds to challenge the claims, it is the responsibility of the Managements to mount a robust defense against any frivolous claims. This case had generated wide spread attention and sympathy from the general public with public donations amounting to several millions S’pore dollars to help her family defray some of her medical expenses. We wished her and family well and hoped she win he
- Discussion 3 : 29/10/2012 at 12:51 AM
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"If she was on their property, the Singapore Mass Rapid Transit and the Land Transport Authority are fully responsible for her condition. They new the dangers involved, but took no precautions, thereby allowing an accident such as this to happen, whether she was pushed or otherwise. They should be made to pay out to the max."
Go tell it to the Royal Police whenever a foreigner is injured, harrassed, assaulted or dies in Thailand, in a Thai hotel, or on Thai roads...responsibility. C'mon, funny how this sense of responsibility applies only to foreign countries and not even the minimal safety, let alone compensation, is granted to foreigners i
- Discussion 4 : 29/10/2012 at 12:40 AM
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Funny stuff. Something happens to you in Thailand and you can expect nothing, even if you are victim of some accident provoked by locals. They only ask you if you are insured, otherwise your cures can wait long. Money first.
Something happens to Thais abroad... woah, let's go ask money even if it was a real accident with no-one to blame. Habits can change fast when money is expected.
- Discussion 5 : 28/10/2012 at 09:40 PM
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this is asia stop winngin no one will get anything unless your the boss
- Discussion 6 : 28/10/2012 at 09:27 PM
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I believe in Thailand she would get compensation because not because she deserved it but everyone seems to get it .I dont think Singpapore loos at things like we do .
- Discussion 7 : 28/10/2012 at 09:22 PM
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turn the table around and if this happend in thailand she would get ozz baht from the insurance here next ????
- Discussion 8 : 28/10/2012 at 08:02 PM
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This is a very sad story.
I wonder however how much (if anything) a farang would receive in a similar accident with the Bangkok Skytrain.
- Discussion 9 : 28/10/2012 at 07:17 PM
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If she was on their property, the Singapore Mass Rapid Transit and the Land Transport Authority are fully responsible for her condition. They new the dangers involved, but took no precautions, thereby allowing an accident such as this to happen, whether she was pushed or otherwise. They should be made to pay out to the max.
- Discussion 10 : 28/10/2012 at 02:47 PM
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The damage claim is not excessive for the injuries she suffered, but it is probably surprising for readers here where damage awards are pathetically low. The fact that the father is an insurance agent has no relevance to the merits of her claim; it simply means that her father is better able to protect her rights and put her a position where she can pursue her legitimate remedies. Singaporean companies are notoriously stingy and often cheat Thai suppliers and vendors, but that is not dispositive and you won't hear this fact raised in a Singaporean court room. I agree that it all depends on conditions on the platform. Let's hope she gets a
- Discussion 11 : 28/10/2012 at 02:41 PM
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"the executives of the SMRT and LTA and their lawyers ... tell the judge she doesn't even deserve an apology or sympathy, let alone damages or compensation."
If it is proved that it is not the company's fault, maybe they don't need to apologise or pay compensation. Having said that, however, regardless of the final ruling, she DOES deserve sympathy, as does anyone who experiences such trauma like hers.
Only cold-blooded creatures would say she doesn't deserve the sympathy.
- Discussion 12 : 28/10/2012 at 02:31 PM
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Poor girl! What to expect from two state owned companies, in the heartless Chinese dictatorship Singapore is in the reality? The courts there are, erm, politically controled too... And she's not even Singaporian... Look Thai people, look well, that's a hint of what's coming to you, when the 'next dynasty' will be in (full) power!
- Discussion 13 : 28/10/2012 at 01:58 PM
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Even the RED BULL family dont pay that much compensation.
- Discussion 14 : 28/10/2012 at 11:55 AM
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If she accidentally fell onto the track all by herself, I don't think the SMRT should be held liable. However, a small financial aid, for the sake of humanity and goodwill will go a long way to make a great and prosperous country like Singapore to become even greater. The whole thing is one unfortunate eventuality, as no one want to risk losing any body parts. Accidents do happen!
- Discussion 15 : 28/10/2012 at 10:22 AM
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I partly agree with comment 1# , irregardless of where the fault might lie, the fact that her father is an insurance agent suggests that if it had been otherwise her case might not have progressed to this stage.
- Discussion 16 : 28/10/2012 at 10:13 AM
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bkkmatt#1, I noticed that too the father is an Insurance Agent and probably why they are suing for so such. He has knowledge of the system. I wish them all the luck.
- Discussion 17 : 28/10/2012 at 09:54 AM
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There are some hard hearts amongst the posters here too. Bangkok's own BTS is a disaster waiting to happen. It is up to the management to make sure that such disasters cannot happen.
- Discussion 18 : 28/10/2012 at 09:48 AM
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Having worked extensively for big Singaporean companies and experienced first-hand their callousness and complete disregard for people's rights, my sympathies are already squarely on the girl's side.
- Discussion 19 : 28/10/2012 at 08:52 AM
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If the platform was overcrowded to extent that the gilr was pushed off the platform then its the SMRT fault for allowing too many people on the platform. Even in Bangkok they will restrict the number people allowed up. But the BRT definately needs barriers installed like in more civilized countries.
- Discussion 20 : 28/10/2012 at 08:47 AM
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Several people have already fallen off the platforms of Bangkok's BTS. Why do they continue to use no barrier's? Its only matter of time before someone loses their life or limb(s) on Bangkok's BTS. The MRT has barriers.
- Discussion 21 : 28/10/2012 at 08:18 AM
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Haven't seen the CCTV footage, but before she fell what was she doin? Was she reading , texting or what? or just standing there? If the case is she was just standing there and the surge pushed her onto the tracks. Then perhaps they are to blame for crowd control on the platform. If texting or reading then absent minded of her situration would make it her fault. then a crowd surge would make her perhaps think the train was there! I wonder?
- Discussion 22 : 28/10/2012 at 08:18 AM
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It is the Grandmothers and orphans rule of law. When a victim appears to be without means and deserving the jury just gives them money from the deep pockets group.
The case seems to depend on the conditions on the platform and whether there was proper control. Think of the BTS guard who watches the yellow line like his life depended on it. You put one toe on the line and you get a whistle blast, don't move and you get a personal visit. It may be the only place in Thailand where safety comes first.
- Discussion 23 : 28/10/2012 at 07:41 AM
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Sad story, but even if she was pushed or shoved, would that make it the responsibility for the MRT? Would it be fair to expect them to cough up what is considered outrageous compensation in these parts of the world?
- Discussion 24 : 28/10/2012 at 04:17 AM
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Am I right to think this or did anyone else have a wry smile when reading the story and finding out her father is an Insurance agent. Surely that's just coincidence or maybe I've lived here too long and I'm just an old cynic.