SHAH ALAM: A former teacher of a primary school in Selayang has been ordered to pay RM85,000 in damages to a former student for hitting him on the head with a broom, which resulted in him needing five stitches for the injury.
This followed a decision by Judicial Commissioner Datuk Hazizah Kassim at the High Court here on Friday (Oct 11) to allow an appeal by the 13-year-old student, represented by his father, against the dismissal of his suit against the 60-year-old female teacher by the Selayang Sessions Court.
However, Hazizah upheld the Sessions Court decision which dismissed the suit against the school head and the Malaysian government, named as the second and third defendants respectively.
In the judgment, the court opined that the action by the teacher (the first defendant) to use a broom to scare her students into complying with her instructions was not appropriate.
"The education sector must advance in educating students. Every educator should realise and be aware of the perimeter of a child's right to protection under the laws enforced in Malaysia.
"The incident in this case is very regrettable and should not happen in a school institution," she said.
Hazizah said there was a clear error in the case which allowed the High Court to intervene.
"Thus, this (high) court set aside the decision of the Sessions Court and ordered the first defendant to pay general damages of RM15,000 in addition to RM70,000 in exemplary damages and RM5,000 for appeal costs.
The court also ruled that the second and third defendants are not liable for the action of the first defendant," she said.
The proceedings were attended by lawyers Azmer Md Saad and Nur Zalikha Noor Kashfi, representing the plaintiff, and lawyers Ruslan Hassan and Mohd Zali Shaari, representing the teacher, while senior federal counsel Nur Aifaa Che Abdullah acted on behalf of the school head teacher and the government.
On March 20 this year, the Selayang Sessions Court dismissed the suit on the ground that the plaintiff failed to prove his claim against the three defendants.
The lawsuit was initiated on Oct 17, 2022, by the then eight-year-old boy, alleging that during a Malay language lesson on Oct 18, 2019, he and another student witnessed the teacher chasing another classmate while holding a broomstick.
The plaintiff claimed that as he was returning to his seat, the teacher suddenly struck him on the head with the broomstick, resulting in significant bleeding, which required five stitches.
The plaintiff's father then lodged a police report regarding the incident at 6.45pm the same day and requested an explanation from the teacher.
The plaintiff contended that the collective failure of all defendants to ensure his proper guidance and safety during his tenure at the school and throughout school sessions directly led to the injuries inflicted by the teacher. – Bernama
