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Tuesday, May 14, 2024

RM600,000 award for bullying victim affirmed by federal court – eNews Malaysia

PUTRAJAYA: The Federal Court right this moment affirmed {that a} bully victim who suffered everlasting ear injury after being bullied at a secondary faculty in Terengganu eight years in the past will likely be awarded over RM600,000.

The victim’s counsel, Nik Nur Syazwani Nik Suhaimi stated his consumer was awarded the damages after the Federal Court dominated that each one 9 respondents, together with 5 former faculty college students and 4 different respondents, have been accountable and negligent within the incident of beating, bullying, and attacking the appellant (victim).

“The Federal Court additionally unanimously upheld the Kuala Terengganu High Court’s choice and put aside the Court of Appeal’s choice. Therefore, all respondents are directed to pay compensation to the appellant,“ the lawyer stated when contacted right this moment.

Yesterday, a three-judge panel comprising Court of Appeal president Tan Sri Amar Abang Iskandar Abang Hashim, and Federal court judges Datuk Mary Lim Thiam Suan and Datuk Abdul Karim Abdul Jalil allowed the appellant’s attraction in an internet continuing.

The appellant was represented by attorneys Wan Azliana Wan Adnan, Hisyam Yusof and Diyana Ibrahim, whereas all of the respondents have been represented by Federal Counsels Andi Razalijaya A. Dadi and Zureen Elina Mohd Dom.

On April 2, 2017, the boy, who was 14 when he was bullied, filed a lawsuit by means of his father in opposition to 5 Form Five college students of the college as the primary to fifth defendants. The victim is now 22.

The different defendants have been the senior assistant (pupil affairs), the principal, the Education Ministry director-general and the Malaysian authorities.

The victim claimed that he was overwhelmed, bullied, and attacked by the 5 senior college students, leading to a ruptured proper eardrum.

The incident that occurred on April 26, 2015, left the victim with everlasting disabilities and listening to loss, in addition to extreme trauma and emotional misery, main him to bear psychiatric therapy.

On Sept 29, 2019, the Kuala Terengganu High Court ordered all defendants to pay compensation amounting to RM616,634.20 after permitting the plaintiff’s lawsuit.

High Court decide Zainal Azman, in his judgment, discovered that the college was negligent in permitting the bullying to occur within the prefects’ dormitory.

However, on May 20, 2021, the Court of Appeal overturned the High Court’s choice and dominated that the plaintiff didn’t show the legal responsibility of the 5 senior college students who had overwhelmed, bullied, and attacked him, whereas discovering the opposite defendants not liable for the incident.-eNM

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