A 13-year-old Malaysian boy has been awarded RM90,000 in damages after successfully suing his former teacher for assault.
The High Court’s ruling followed an incident from 2019 when the boy, then eight years old, was struck on the head with a broom by his teacher, leading to five stitches.
What Happened
Reported by Kosmo!, according to the statement of claim filed on 17 October 2022, the incident took place when the boy was returning to his seat in class.
At around 3pm on 18 October 2019, the teacher hit him on the head with a broom.
The boy sustained a head injury and heavy bleeding, prompting the teacher to use a wet tissue to try and stop the bleeding.
He was then taken to the Gombak Health Clinic, where he received five stitches. Later that evening, the boy’s father lodged a police report, seeking an explanation from the teacher. The teacher claimed the boy had been struck for not sitting in his seat during class.
This justification was deemed unreasonable and inhumane, leading to a lawsuit for negligence against the teacher and the school authorities.
Court Ruling
Justice Commissioner Datuk Hazizah Kassim made the decision after the boy, represented by his father Mohd. Amirul Azdi Md. Yusuf, 41, appealed against three parties, including the school principal and the Government of Malaysia.
The former teacher, 60 years old, was named as the first defendant in the case.
In her ruling, Hazizah stated that the court had reviewed all arguments and evidence, including the earlier decision by the Selayang Sessions Court, which had dismissed the boy’s claim.
Hazizah described the teacher’s act of using a broom to intimidate the student as unacceptable in today’s educational environment.
She expressed regret that such an incident had occurred in a school, stating, “It is hoped that this serves as a lesson and does not happen again.”
School Disciplinary Record Irrelevant
The court also considered the boy’s disciplinary record at school. However, Hazizah noted that the school should have used proper methods to handle the situation and that the disciplinary record was irrelevant to the boy’s actions at the time, as he was only in Year Two.
The judge also mentioned that the testimony of the investigating officer was regarded as hearsay.
As a result, the High Court overturned the Sessions Court’s earlier decision and ordered the first defendant to pay RM15,000 in general damages, RM70,000 in exemplary damages, and RM5,000 in appeal costs.
The court also ruled that the second and third defendants were not vicariously liable for the actions of the teacher.
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