A former secondary school student has been awarded more than RM452,000 in compensation after the High Court in Muar ruled that the school was negligent in failing to provide reasonable supervision, resulting in permanent injuries to his eye and brain during a Physical and Health Education (PJK) class.
According to a report by The Star, Muhammad Syakir Irfan Syed Ali, now 21, filed the lawsuit against the school following an incident that occurred when he was a Form Two student at SMK Chaah on Sept 17, 2019.
The legal action was filed through his father, Syed Ali Syed Hussein, who acted as his litigation representative as Muhammad Syakir was still a minor at the time of the incident.
The accident left Muhammad Syakir with serious injuries, including a penetrating injury to his left eye, a skull fracture and acute bleeding in the brain, which resulted in permanent clinical disabilities affecting his vision and neurological functions.
The defendants named in the lawsuit were school activity teacher Nur Badruzzanan Mohamad, former school principal Maziah Mohammad, the Director-General of Education and the Malaysian Government.
Based on the facts of the case, the incident occurred during a PJK class between 8.30am and 9.30am when the teachers had separated students according to gender before conducting a frisbee activity.
After the activity ended, Muhammad Syakir took a school badminton racket and played casually with a classmate. However, the metal shaft of the racket suddenly detached from its handle and struck his left eye, causing severe injuries.
High Court judge Kalyana Kumar ruled in favour of the plaintiff after reviewing the evidence presented, with liability fully placed on the defendants at 100 per cent.
The court found that the defendants had failed to provide adequate, reasonable and effective supervision throughout the activity despite the students being under the care and responsibility of the teachers in charge.
The court awarded Muhammad Syakir RM400,000 in general damages, RM12,809 in special damages and RM40,000 in legal costs.
