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High Court awards paralysed youth more than RM500,000
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High Court awards paralysed youth more than RM500,000 | High Court awards paralysed youth more than RM500,000 |
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| Wednesday, 30 December 2009 08:01am | |
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©The New Straits Times (Used by permission) By M. Hamzah Jamaludin KUANTAN: A paralysed youth in Pangkor was awarded more than RM500,000 after the High Court ruled that his injuries and disability in an incident on the resort island 10 years ago was caused by a policeman's negligence.
The government, as the second defendant, will have to settle the amount as the court also decided that Lance Corporal Abdul Rahman Bukil committed the act while on duty. Judge Datuk V.T. Singham who heard the case in Ipoh delivered the judgment here yesterday as he has since been transferred. Syarizan Sudirmin, 25, and his pillion rider Zuraidah Umar were injured after Rahman chased them and kicked their speeding motorcycle in Jalan Pasir Bogak on Sept 9, 1999.
In the 9.15pm incident, Syarizan made a U-turn and sped towards the town area when he saw several policemen in front of him. Both the victims were only 15 when the incident happened. Syarizan, through his father Sudirmin Selamat, filed a RM13.8 million civil suit against Rahman and the government two years later. Singham awarded Syarizan RM490,312.50 in general damages which include compensation for his present condition, head injury and nursing care. Syarizan was supposed to get RM653,750 in general damages but a quarter of the sum had to be deducted as the court found that he should shoulder 25 per cent of the liability for his injuries for not wearing a crash helmet. Singham also awarded RM11,978.09 as agreed special damages and another RM50,000 as exemplary damages. "The amount of more than RM10 million requested by the plaintiff was exorbitant and out of proportion," he said. He also awarded Zuraidah (second plaintiff) RM4,250 for her injuries while motorcycle owner, Sani Ahmad, the third plaintiff, received no compensation as he could not prove that his machine had been repaired. The judge said that Syarizan's request for aggravated damages could not be fulfilled as he had failed to prove that the policeman had assaulted him and stepped on him after he fell. He said Zuraidah also could not prove the allegation as she was unconscious after she fell from the motorcycle. "But the plaintiff deserves the exemplary damages to mark the court's disapproval towards such acts (by policeman) and to deter him from repeating it," he said. Records further showed that the policeman was also riding his motorcycle without road tax and insurance cover when pursuing the victims. None of the plaintiffs were at the court yesterday. Their counsel Kartini Mansor was however present. Rahman was previously represented by the Attorney General’s Chambers but he had to appoint counsel Abdul Roni Abdul Rahman after he was charged with causing grievous hurt at another court. The government was represented by senior federal counsel Kamal Azira Hassan. Set as favourite Share Email This Comments (0)
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