A former Canto-pop singer who escaped death in a car accident on the mainland but is now in a wheelchair and has brain damage is claiming damages from the driver. The wife of Tsoi Kwok-kuen, Yee Tat-hing, is taking legal action on his behalf against Chan Wah-hin, who was driving his company car with six passengers on board from Yunfu city in Guangdong to Hong Kong at the time of the accident on November 12, 2002. Two passengers were killed and the others were injured when the vehicle flipped over on the Guangzhou to Shenzhen expressway. The weather at the time was fine, the Court of First Instance was told. Chan, who owns a flour trading company under which the jeep was bought, suffered broken bones and was in hospital for months. Barrister Robin D'Souza told Recorder Mr Patrick Fung Pak-tung that Tsoi suffered from dementia due to the head injury he received and he has been diagnosed with symptoms of Parkinson's disease. The barrister described him as 'severely disabled' with irreversible damage to his health. De Souza said the jeep had been travelling in the middle lane when it suddenly skewed to one side and to another before it fell down a slope into water. Chan said Tsoi was one of five passengers sitting behind him. He said none of them were wearing seat belts even though he had reminded them to do so before they set off. A woman sitting next to him was the only one to buckle up, Chan said. 'Just before the accident, I heard Tsoi saying a tyre had burst,' he said. 'Then the vehicle skewed to the left. I tried to steer to the right and applied the brake gently. Then it skewed to the right. Then the vehicle turned sideways and rolled over. 'When I regained consciousness, I found myself in water. I knew I would die if I stayed in my car. So I struggled to free myself from the seat belt and opened the car door.' Chan said he swam to the surface and came up under the expressway bridge. He said he was later told that the jeep was about 16 metres under water. Three passengers were inside the jeep as it sank, while three had been thrown out onto the ground. One passenger was found under the jeep and had died immediately. Chan said he had been charged by mainland police with improper driving and been detained in a custodial ward to receive treatment for three months. After his release from hospital he was granted bail but was not allowed to leave the mainland. The court was told that he was freed in November 2003 when mainland police decided not to prosecute him. Barrister Cheung Yiu-leung, for Chan, said his client had taken all reasonable steps to check the vehicle before the accident and had reminded passengers to fasten their seat belts. The two sides will make final submissions today. The amount of damages being sought was not disclosed.