1. ) NATTHANAN YOOCHOMSUK 2. ) BALRAJ A/L SUPPIAH 1. ) INSP. MOHD NOOR HUSRI BIN JOHARI 2. ) INSP. MOHANESWARAN A/L THIGARAJAH 3. ) ASP NORSANIZAM BIN HAJI NORDIN 4. ) ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB 5. ) KETUA POLIS NEGARA, MALAYSIA 6.

1. ) NATTHANAN YOOCHOMSUK 2. ) BALRAJ A/L SUPPIAH 1. ) INSP. MOHD NOOR HUSRI BIN JOHARI 2. ) INSP. MOHANESWARAN A/L THIGARAJAH 3. ) ASP NORSANIZAM BIN HAJI NORDIN 4. ) ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB 5. ) KETUA POLIS NEGARA, MALAYSIA 6.

Liability established at trial and not overturned as to the estate claim; exemplary damages cannot be awarded to an estate under s.8 CLA; on assessment the court awarded specified special, general and aggravated damages and costs, and held that subsection 33(4) GPA immunity does not protect the primary tortfeasor who did not act in good faith, thus ordering plaintiffs to first seek satisfaction of the judgment from the primary tortfeasor (second defendant) before resorting to other judgment debtors including the Government.

Citation
WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff Co Administrator: NATTHANAN YOOCHOMSUK; Plaintiff Co Administrator: BALRAJ A/L SUPPIAH; Defendant 1: INSP. MOHD NOOR HUSRI BIN JOHARI; Defendant 2 (primary Tortfeasor): INSP. MOHANESWARAN A/L THIGARAJAH; Defendant 3: ASP NORSANIZAM BIN HAJI NORDIN; Defendant 4: ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB; Defendant 5: KETUA POLIS NEGARA, MALAYSIA; Defendant 6 (government): KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2024
Case Number
WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Wrongful Death (death in Custody) / Assessment of Damages (judgment on Damages)
Outcome
Judgment on assessment of damages for plaintiffs (estate claim under s.8 CLA). Exemplary damages disallowed; other awards made and further order on satisfaction from primary tortfeasor.
Legal Topics
Death in Custody, Wrongful Death, Vicarious Liability, Statutory Immunity, Aggravated Damages, Exemplary Damages, False Imprisonment, Assault and Battery, Assessment of Damages
Source Language
Malay/English
Tort Constitutional Law Administrative Law Civil Procedure Police Law Death in Custody Wrongful Death Vicarious Liability +6 more

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Parties

NATTHANAN YOOCHOMSUK

Plaintiff Co Administrator

BALRAJ A/L SUPPIAH

Plaintiff Co Administrator

INSP. MOHD NOOR HUSRI BIN JOHARI

Defendant 1

INSP. MOHANESWARAN A/L THIGARAJAH

Defendant 2 (primary Tortfeasor)

ASP NORSANIZAM BIN HAJI NORDIN

Defendant 3

ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB

Defendant 4

KETUA POLIS NEGARA, MALAYSIA

Defendant 5

KERAJAAN MALAYSIA

Defendant 6 (government)

Procedural Posture

Civil Suit Wrongful Death (death in Custody) / Assessment of Damages (judgment on Damages)

Legal Issues

  1. 1 Whether damages under section 8 Civil Law Act (estate claim) are recoverable and quantum
  2. 2 Whether exemplary damages are available to an estate under section 8 CLA
  3. 3 Whether statutory immunity in section 33(4) Government Proceedings Act shields the primary tortfeasor from personal liability

Ratio Decidendi

Liability established at trial and not overturned as to the estate claim; exemplary damages cannot be awarded to an estate under s.8 CLA; on assessment the court awarded specified special, general and aggravated damages and costs, and held that subsection 33(4) GPA immunity does not protect the primary tortfeasor who did not act in good faith, thus ordering plaintiffs to first seek satisfaction of the judgment from the primary tortfeasor (second defendant) before resorting to other judgment debtors including the Government.

Court Disposition

Judgment on assessment of damages for plaintiffs (estate claim under s.8 CLA). Exemplary damages disallowed; other awards made and further order on satisfaction from primary tortfeasor.

Orders

  • Special damages awarded RM16000.00
  • General damages awarded RM100000.00