SHAH ALAM: A former primary school teacher has been ordered to pay RM85,000 in damages to an ex-pupil for hitting him on his head with a broom in 2019.
The incident, which occurred when the boy was in Year 2, left him needing five stitches.
High Court judicial commissioner Datuk Hazizah Kassim, in allowing the boy's appeal against the Selayang Sessions Court's decision to dismiss the suit, said the incident should not have occurred in school.
The boy, as the plaintiff, had filed the suit through his father, Mohd Amirul Azdi Md Yusuf, against the teacher aged 60 as the first defendant, the school's headmaster and the government as the second and third defendants.
Hazizah, in her judgment, said she had taken into consideration all submissions, evidence and the earlier Sessions Court decision.
"This court feels the act of the defendant in using the broom to instil fear in pupils to follow instructions is deemed as not welcomed in this era.
"This incident is highly regrettable. I hope this will serve as a lesson and will not recur," she said.
In setting aside the Sessions Court's decision, Hazizah ordered the ex-teacher to pay RM15,000 in general damages, RM70,000 in exemplary damages and RM5,000 in appeal costs.
However, she ruled that the second and third defendants were not liable for the ex-teacher's actions.
The boy was represented by lawyers Azmer Md Saad and Nur Zalikha Moor Kashfi.
Lawyers Ruslan Hassan and Mohd Zali Shaari stood for the ex-teacher while senior federal counsel Nur Aifaa Che Abdullah acted for the headmaster and the government.
After proceedings, Amirul heaved a sigh of relief that justice was served and God had heard their prayers.
"My son was only 8 then. He was traumatised by the incident and was sidelined by his schoolmates.
"We have been waiting for this moment since 2019. At long last, we have won this battle," he said, adding that his son is now schooling in Johor.
According to the statement of claim dated Oct 17, 2022, the boy said he was on his way back to his classroom seat when the teacher suddenly hit him on the head with the broom about 3pm on Oct 18, 2019.
The boy said he was injured and bled heavily which caused the teacher to pull him to her table and press a wet tissue on the wound to stop the bleeding.
The boy was then sent to the Gombak health clinic where he was given five stitches and his parents were informed of the incident by a teacher.
The boy's father lodged a police report at 6.45pm the same day and sought an explanation from the teacher, who claimed that she had hit the boy for not being seated during class.
The suit was filed on grounds that the teacher had acted unreasonably, unlawfully, negligently and inhumanely and had, among others, sought general and exemplary damages and a written apology.