The High Court here has awarded RM47,000 in damages to a teenage boy who suffered a broken right leg after allegedly being assaulted by a Kelas al-Quran dan Fardu Ain (KAFA) teacher four years ago.
Judge Yusrin Faidz Yusoff allowed an appeal by Muhammad Izz Anaqi Mohd Izwan, now 13, and ordered the teacher, Ahmad Mursyidin Abdullah, 41, and his employer, Yayasan Islam Terengganu (YIT), to pay the teenager.
The award comprises RM30,000 in general damages for the injury and RM17,000 in costs, together with interest.
In his ruling, Yusrin Faidz set aside an earlier Sessions Court decision that had dismissed Muhammad Izz Anaqi’s claim, saying the lower court had erred in its assessment of the evidence.
He said the Sessions Court had failed to properly evaluate testimony from two eyewitnesses as well as medical evidence from Hospital Sultanah Nur Zahirah (HSNZ).
“The medical report confirmed that the plaintiff’s leg injury was caused by a strong impact,” he said while delivering his judgment.
The judge also ruled that YIT, as the employer of the first defendant, was vicariously liable for the injuries suffered by the plaintiff as a result of the teacher’s actions.
According to the statement of claim filed through the boy’s mother, Nor Azlina Mohamad Yasin, 41, Ahmad Mursyidin allegedly slammed the boy onto a chair at around 3.30pm on July 6, 2022.
Muhammad Izz Anaqi was reportedly unable to walk home after the class and was taken to a private clinic, where an X-ray confirmed that his right leg was fractured.
The teenager is now a student at a Mara Junior Science College (MRSM).
He was represented by lawyers Mohammad Rafaei Adnan, Mohd Hazwan Hamidun and Alif Danial Ahmad Shahrulnizam, while Saifuddin Othman and Yuhana Junaidi represented the two defendants.
