Suzana bt Md Aris (claiming as administrator of the estate and a dependant of Mohd Anuar bin Sharip, deceased) v DSP Ishak bin Hussain & Ors [2011] 1 MLJ 107
Suzana’s husband died while in police custody despite facts showing that the victim had vomited blood while in custody but was denied proper medical assistance and attention. Suzana sued the defendants for negligence.
The court awarded Suzana compensation of RM137,220 with interest but Suzana appealed to the High Court because she was not satisfied with the amount awarded.
Considering that Suzana has small children aged 3 and 9 when their father died, the amount of damages was increased for Suzana to support and raise her children.
High Court judge made the following additional awards of damages:
(i) A further sum of RM400,000 being the dependency claims for the two children of the deceased;
(ii) A further sum of RM500,000 being aggravated damages; and
(iii) A further sum of RM500,000 being exemplary damages/vindicatory damages.
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