Murid patah kaki dihempas guru Kafa dapat ganti rugi RM30,000
Mahkamah putus guru berkenaan bertanggungjawab atas serangan itu dan Yayasan Islam Terengganu bertanggungjawab secara vikarius terhadap tindakan pekerjanya.
Terengganu High Court has ruled that a nine-year-old boy, who is disabled, who suffered a broken leg after being lifted and placed on a chair by a Quran and Fardu Ain (KAFA) teacher, be awarded RM30,000 in compensation. Justice Yusrin Faidz Yusoff also found that the Islam Terengganu Foundation is vicariously responsible for the actions of its employee, Ahmad Mursyidin Abdullah.
The court overturned a decision by the Sessions Court to dismiss the lawsuit filed by the child and his mother on July 6, 2022, at SK Tasek, Marang. The child's parents claim that the teacher lifted and dropped the child onto the chair, causing his ankle to break. The defendant argued that the child fell while playing in class and the teacher simply lifted him and placed him on the chair.
However, the High Court found that the Sessions Court was wrong to dismiss the evidence of two young witnesses who saw the teacher lift the child onto the chair. The court also criticized the Sessions Court for refusing to consider testimony from an orthopedic expert that the injury was consistent with the effects of being thrown or punched.
The court ruled that the teacher is liable for assault and inappropriate touching, or alternatively, negligence, and that this conduct is sufficient to create vicarious liability for the teacher's employer. However, the court refused to award punitive or exemplary damages because there was insufficient evidence of malice, oppression, or other grounds that would warrant such damages.
The defendant was also ordered to pay RM17,000 plus interest at a rate of 5% per annum, calculated from the date the writ was issued until full settlement. The court also ordered that RM10,000 in damages paid to the plaintiff be returned. The defendant filed an appeal with the Court of Appeal. Counsel Rafaei Adnan, Hazwan Hamidun, and Alif Danial Ahmad Shahrulnizam represented the child, while Saiffuddin Othman and Yuhana Junaidi represented the teacher and the Islam Terengganu Foundation.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
