A student was awarded RM47,000 in damages and costs after the High Court allowed his appeal against the dismissal of his claim of an alleged assault by the Kuala Terengganu Sessions Court.
The ruling brought much relief for the teen’s family, who had been seeking justice for the past four years.
What happened
According to the teen’s lawyer Mohd Hazwan Hamidun, he said the teen, who was nine at the time, was attending a Kafa (Kelas Al-Quran dan Fardu Ain) class at SK Tasek, Marang, on July 6, 2022.
During the class, the teen was held and lifted by Ustaz Ahmad Mursyidin Abdullah, who then flung him against a wooden chair.
As a result, the teen suffered fractures to the tibia and fibula in his right leg, along with other fractures, rendering him unable to walk and requiring a cast.
He was also unable to attend school for almost three months, reported NST.
Claim comeback
On Jan 9, 2023, the teen filed a lawsuit through his mother against Mursyidin and YIT. However, the claim was dismissed by Sessions Court judge Wan Aklima Wan Salleh on Feb 16, 2026, leading the family to file an appeal with the High Court.
Hazwan said the Sessions Court judge was found to had erred in assessing the evidence of two eyewitnesses who were in the same class and watched the assault unfold.
“The court also took into account a medical report by specialists at Hospital Sultanah Nurzahirah, which confirmed that the pupil’s leg injuries were caused by a strong impact.
“Yayasan Islam Terengganu (YIT), as the ustaz’s employer, was also vicariously liable for the injuries suffered by our client,” he added.
The court also ordered the ustaz and YIT to pay the teen RM30,000 in general damages, RM17,000 in costs and five per cent annual interest from the date the suit was filed until full settlement.
‘Justice was served’
The teen’s father, Mohd Izwan Ahmad Saidi, said the case brought much anguish for the family and thanked the lawyers for successfully pursuing justice for his son.
“With justice having been achieved, all the accusations and insults hurled at our family have finally been answered through the justice secured by the lawyers,” he added.
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