School Bullying Victim Awarded Over Rm600 000 In Compensation

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The victim, now 22 years old, claimed that he was physically assaulted, bullied, and attacked by five senior students, resulting in a ruptured right eardrum. (File pic)PUTRAJAYA: A youth who lost his hearing after being bullied at a secondary school in Terengganu eight years ago has been awarded more than RM600,000 in compensation by the Federal Court.
Nik Nur Syazwani Nik Suhaimi, the attorney representing the youth, stated that the award was made after the Federal Court ruled that nine respondents, including five former students, were responsible and negligent in the incident involving physical assault and bullying.
“The Federal Court also ruled that all respondents, including the director-general of the education ministry and the Malaysian government, were vicariously liable for the negligence of the warden, student affairs teacher (PKHEM), and the school principal.
“The Federal Court unanimously upheld the decision of the Kuala Terengganu High Court and set aside the decision of the Court of Appeal. Therefore, all respondents are directed to pay compensation to the appellant,” she said when contacted today.
Yesterday, a panel of three Federal Court judges – consisting of Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judges Mary Lim and Abdul Karim Abdul Jalil – allowed the youth’s appeal in online proceedings.
The appellant was also represented by attorneys Wan Azliana Wan Adnan, Hisyam Yusof, and Diyana Ibrahim, while all the respondents were represented by federal counsel Andi Razalijaya A Dadi and Zureen Elina Mohd Dom.
Meanwhile, Wan Azliana, who is also the head of the anti-bullying act drafting movement, announced in a statement that this case was a victory for his client and all victims of bullying incidents.
“I hope that the outcome of this case will serve as a lesson and act as a deterrent for other bullying cases,” she said.
On April 2, 2017, the youth, who was 14 years old at the time of the incident, filed a lawsuit through his father against five form five students, PKHEM, the school principal, the education ministry director-general and the government.
The victim, now 22 years old, claimed that he was physically assaulted, bullied, and attacked by five senior students, resulting in a ruptured right eardrum.
The incident, which occurred on April 26, 2015, left the victim with permanent disabilities and hearing loss, as well as severe trauma and emotional stress, necessitating psychiatric treatment.
On September 29, 2019, the Kuala Terengganu High Court ordered all defendants to pay a total compensation of RM616,634.20.
The court also found all defendants responsible for the injuries suffered by the plaintiff.
However, on May 20, 2021, the Court of Appeal overturned the decision and ruled that the plaintiff failed to prove the liability of the five senior students, and thus found other defendants not liable for the incident. - FMT

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