SHAH ALAM: A former teacher of a national primary school in Selayang was ordered by the High Court to pay RM85,000 in damages to a former pupil 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 yesterday to allow an appeal by the 13-year-old student, represented by his father, against the dismissal of his suit made against the 60-year-old female teacher by the Selayang Sessions Court.
However, Hazizah upheld the decision of the Sessions Court, which dismissed the suit against the school head and the Malaysian government, which were named as the second and third defendants in the suit.
In the judgment, she said, the court opined that the action by the teacher (named the first defendant) in using a broom to scare her pupils to make them comply with her instructions was no longer appropriate.
“Every educator should realise and be aware of the perimeters of a child’s right to protection under the laws enforced in Malaysia.
“The incident in this case is very regrettable and should not have happened in a school, which is an educational institution for children in the country.
“It is hoped that it will be a lesson and will not happen again,” she said.
Hazizah said there was a clear error in this 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, Bernama reported.
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 and the government.
On March 20 this year, the Selayang Sessions Court dismissed the suit, citing that the plaintiff had failed to prove his claim against the three defendants.
The lawsuit was initiated on Oct 17, 2022, by the boy alleging that during a Bahasa Melayu lesson on Oct 18, 2019, he and another pupil 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, who claimed that the boy was hit because he was not at his seat during the lesson.
The plaintiff contended that the collective failure of all defendants to ensure proper guidance and safety for his son while he was in school contributed to the injuries inflicted by the teacher.
