XXXX 1. ) AHMAD MURSYIDIN BIN ABDULLAH 2. ) YAYASAN ISLAM TERENGGANU

XXXX 1. ) AHMAD MURSYIDIN BIN ABDULLAH 2. ) YAYASAN ISLAM TERENGGANU

On the balance of probabilities the court found the defendants' version (that the child fell while playing) more credible than the plaintiff's version; plaintiff failed to discharge the burden of proof on liability and quantum beyond a limited medical assessment; insufficient basis for finding assault or a breach amounting to actionable battery by Defendant 1 and insufficient connection to impose vicarious liability on Defendant 2; accordingly the plaintiff's wider claims were rejected and only limited compensation aligned to medical injury assessment was accepted.

Citation
TA-B53-1-01/2023 (Mahkamah Sesyen)
Parties
Plaintiff (infant Suing by Guardian Ad Litem): MUHAMMAD IZZ ANAQI BIN MOHD IZWAN; Defendant 1: AHMAD MURSYIDIN BIN ABDULLAH; Defendant 2 (employer): YAYASAN ISLAM TERENGGANU
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 February 2026
Case Number
TA-B53-1-01/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Tort Personal Injury (assault/negligence/vicarious Liability) / Appeal Judgment (sessions Court Decision on Appeal)
Outcome
Plaintiff's substantive claims rejected on balance of probabilities; court limits recoverable compensation to medical assessment amounts and awards a nominal/limited sum for the tibia fracture; costs awarded to defendants.
Legal Topics
Battery (assault), Duty of Care (teacher Pupil), Causation, Burden of Proof, Res Gestae, Admissibility of Cctv/electronic Evidence, Aggravated/exemplary Damages, Assessment of Quantum
Source Language
Malay/English
Tort Negligence Personal Injury Vicarious Liability Evidence Law Battery (assault) Duty of Care (teacher Pupil) Causation +5 more

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Parties

MUHAMMAD IZZ ANAQI BIN MOHD IZWAN

Plaintiff (infant Suing by Guardian Ad Litem)

AHMAD MURSYIDIN BIN ABDULLAH

Defendant 1

YAYASAN ISLAM TERENGGANU

Defendant 2 (employer)

Procedural Posture

Civil Tort Personal Injury (assault/negligence/vicarious Liability) / Appeal Judgment (sessions Court Decision on Appeal)

Legal Issues

  1. 1 Whether Defendant 1 committed assault/battery on the child by lifting and throwing him onto a chair causing tibia fracture
  2. 2 Whether Defendant 1 owed and breached a duty of care as a teacher to the Plaintiff
  3. 3 Whether Defendant 2 (employer) is vicariously liable for Defendant 1's act

Ratio Decidendi

On the balance of probabilities the court found the defendants' version (that the child fell while playing) more credible than the plaintiff's version; plaintiff failed to discharge the burden of proof on liability and quantum beyond a limited medical assessment; insufficient basis for finding assault or a breach amounting to actionable battery by Defendant 1 and insufficient connection to impose vicarious liability on Defendant 2; accordingly the plaintiff's wider claims were rejected and only limited compensation aligned to medical injury assessment was accepted.

Court Disposition

Plaintiff's substantive claims rejected on balance of probabilities; court limits recoverable compensation to medical assessment amounts and awards a nominal/limited sum for the tibia fracture; costs awarded to defendants.

Orders

  • Plaintiff's claims dismissed insofar as assault/battery and wider claims (aggravated and exemplary damages) are concerned
  • General damages for the closed tibia fracture assessed at RM30,000