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PUTRAJAYA: The family of a truck driver, P. Chandran, will receive a sum of RM357,500 in damages for his death in police custody in 2012 after his medical needs were not met.
This is so despite the fact that the 7-member bank majority of the Federal Court by 6-1 allowed the appeal by the police and the government on a point of law in which the family of the deceased was not entitled to receive a exemplary compensation for his death while in police custody.
Federal Court Judge Datuk Rhodzariah Bujang, who issued the majority decision of the court, said there was nothing in the Federal Constitution that directly or vaguely stipulates the right of a deceased’s inheritance to exemplary compensation. .
Although the Federal Court did not uphold the High Court’s decision to award RM 200,000 in exemplary damages to Chandran’s family, the court retains the RM 200,000 as aggravated damages.
“Given that the defendants (relatives of the deceased) have requested aggravated damages in their claim but it was not granted, we have decided to set aside the exemplary damages ordered by the Superior Court judge and substitute it for damages aggravated, “she said.
The High Court, by allowing the lawsuit filed by Chandran’s family in 2016, had ordered the police and the government to pay a total sum of RM357,500 in damages, including RM200,000 in exemplary damages.
Subsequently, the police and the government appealed to the Court of Appeal solely on the award of the sum of RM 200,000 in exemplary compensation, which they claimed could not be awarded to the relatives of the deceased as compensation for exemplary damages.
However, they lost their appeal to the Court of Appeal and subsequently obtained authorization from the Federal Court to appeal against the dismissal of their appeal by the Court of Appeal.
The majority decision came from the President of the Court of Appeal, Tan Sri Rohana Yusuf, the Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim, the Federal Court judges Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof and Datuk Seri Hasnah Mohammed Hashim and Judge Rhodzariah.
Federal Court Judge Datuk Nallini Pathmanathan disagreed, saying that Chandran was deprived of his fundamental right to life while in detention.
He said that although the Civil Law Act 196 prohibited further reparation in the form of punitive damages against the government, the estate of the deceased was entitled to receive such punitive damages for the violation of his right to life under article 5 (1 ) of the Federal Constitution.
“The RM200,000 damages awarded by the High Court were clearly punitive in nature to indicate the outrage of the court at the conduct of the authorities, resulting in his (Chandran’s) unnecessary death,” Judge Nallini said.
He said courts must be vigilant to protect the rights of detainees to ensure they are not subjected to death in custody, but must be equally vigilant to ensure that frivolous and falsely motivated claims are rejected.
On January 16, 2015, coroner Datuk Ahmad Bache, who heard the investigation into Chandran’s death, claimed that the police were responsible for the death for failing to provide Chandran with timely medical assistance.
In September 2015, Selvi and Rita filed a civil lawsuit against the seven appellants (five police officers, the inspector general of police and the Malaysian government) alleging that Chandran’s death was caused by their negligence and that their conduct amounted to public misconduct and a violation of the law. the constitutional rights of the deceased.
On January 9, 2016, the Kuala Lumpur High Court ruled that the death of 47-year-old Chandran was due to police negligence and awarded a total sum of RM357,500 in damages.
The sum awarded comprised RM200,000 in exemplary damages, RM144,000 loss of dependency, RM10,000 for grief and RM3,500 in special damages.
Chandran was detained by the police on suspicion of being involved in a case of kidnapping a newborn baby.
Attorney M. Visvanathan represented Chandran’s family, while Senior Federal Attorney Andi Razalijaya appeared before the police and the government. – Called
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