KOTA BHARU: The Al-Hashimi tahfiz school in Kuala Krai has been ordered to pay RM4.3 million in general and special damages to one of its former students who is now paralysed following an accident in June last year.
Kota Bharu Sessions Court judge Nazri Ismail ordered the three defendants; van driver Muhammad Mohammad Husham, 25, CT-One Corporation Sdn Bhd and Maahad Tahfiz Al-Hashimi to pay the damages to 18-year-old Muhammad Faiz Hafizuddin Mohd Izahir after finding them vicariously liable for what happened to the teenager.
The amount includes compensation for Muhammad Faiz Hafizuddin who suffered a fractured spinal cord resulting in permanent paralysis as well as costs for his diapers, feeding tube and a private nurse.
The plaintiff was represented by lawyers R Kameswary and Mazlinda Mahmud while the religious school's founder Datuk Adnan Hashim was represented by Messrs Tengku Azlina, Azlan Shah and Azman.
Kameswary said the proceeding took two days with four witnesses called to the stand, including the victim's parents and Adnan.
"Checks found that the van the victim was travelling in (when the accident happened) was not insured for its students and on the day of the accident, the van was being driven by a driver who had no driver's licence.
"The van driver was an employee of the religious school and the company operating the van, CT-One Corporation Sdn Bhd also belonged to the religious school," Kameswary said when met.
In the incident on June 2, 2017, seven students from the religious school were killed.
Five died at the scene of the accident while two died at the Kuala Krai Hospital, and seven others were seriously injured.
The students were on their way to attend a 'Tafsir al-Quran' programme in Kota Bharu when the van skidded into a ditch and crashed into a house at KM55 along Jalan Kuala Krai-Kota Bharu in Kampung Telekong, Kuala Krai.
The victim's father Mohd Izahir Kassim, 50, expressed his gratitude when the court's verdict sided his son.
"The money is not for my wife and I, instead it will be used for Muhammad Faiz Hafizuddin's medical costs, since I am a retiree.
"I would like to take my son to the Colombia Asia Hospital in Shah Alam for treatment eventhough doctos informed that the chances for my son (to fully recover) are slim, but at least we try," he said.
At the same time, Mohd Izahir expressed regret over the insults he endured with regard to filing his claim in court.
"Initially, I did not want to file a claim despite many lawyers urging for me to do so, I only made a passenger insurance claim, but the school did not cooperate.
"In fact, the lawyer wanted us to make an out of court settlement by claiming RM500,000 from the founder, but Datuk Adnan refused to pay. That is why I filed my claim in court in April.
"The monthly cost for my son is high. His milk alone is more than RM1,000. I have depleted my savings, up to a point I had to ask for loan from family members to support Muhammad Faiz Hafizuddin," he said.
Muhammad Faiz Hafizuddin who was also taken to court today was seen shedding tears after the court handed down its verdict.
Meanwhile Adnan said he accepted the court's verdict but would file an appeal.
"I accept the court's verdict and take this as a test from Allah SWT," he said in a video uploaded on Facebook.
Adnan informed that the school had paid for the victim's surgery and had placed the victim and his family at a special home after Muhammad Faiz Hafizuddin was discharged from the hospital.
However, he said the family moved out with the victim in June last year.
"Muhammad Faiz Hafizuddin and his family moved out from the maahad tahfiz home in June last year, and our question as to why they moved out is now answered," Adnan remarked.