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Monday September 30, 2013 MYT 2:11:00 PM
Monday September 30, 2013 MYT 4:00:35 PM
by m. mageswari
KUALA LUMPUR: A college student and her elder brother won RM585,000 in damages for a negligence suit against her former husband over a shooting incident.
High Court Judicial Commissioner Lee Heng Cheong held that the two siblings had proven their case against suspended police corporal T. Ravindran.
They had alleged that Ravindran had shot them.
G. Prema, 27 and Devendran, 28, however, failed to establish their civil claim against former IGP Tan Sri Musa Hassan and the Government after the court ruled that the two defendants were not liable over the actions of Ravindran.
JC Lee made the order in chambers on Monday after hearing evidence from seven witnesses in a trial.
Speaking to reporters here, their lawyer M. Manoharan said that JC Lee held that the siblings' case against her former husband was not accidental.
"The court (however) rules that there is no vicarious liability (the employer is charged with legal responsibility for the negligence of the employee) on the part of Musa and Government.
"It holds that Ravindran acted on a frolic of his own. Therefore, the act is not in the course of his employment (with the police force)," JC Lee said in dismissing the claim against both defendants.
He said JC Lee ordered Ravindran to pay RM60,000 to Prema while another RM25,000 to Devendran in general damages.
He said the judge awarded RM250,000 to each in aggravated and exemplary damages and RM40,000 in costs.
"Ravindran had been sentenced to seven years jail by the Sessions Court here in 2011 with attempted murder of Prema. He has applied for a stay pending appeal," he added.
Senior Federal Counsel Normastura Ayub acted for Musa and Government.
The siblings filed the suit against three defendants for the injuries they suffered after her former husband allegedly shot them.
In her claim filed on Jan 2, Prema, who is studying human resources, said that she had married her cousin, policeman T. Ravindran on March 6, 2009 and registered their marriage in Putrajaya on the same day.
She added that her marriage was dissolved by a High Court here on June 28 last year.
She said Ravindran had gone to their family's house in Pantai Dalam, Brickfields on March 2, 2010 at 9.40pm and shot her and her brother G. Devendran, causing them to suffer injuries.
She claimed that Ravindran, who is attached to Dang Wangi police station's criminal investigation department, was hot-tempered, suspicious of her and liked to utter offending words against her and her family.
In the statement of defence filed on Feb 27, Ravindran denied the claim, saying it was a fabrication.
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