High Court says the school breached its duty of care after a defective badminton racket broke during a PE lesson, causing a serious eye injury, skull fracture and intracranial bleeding.
Judicial commissioner S Kalyana Kumar held yesterday that the defendants failed to provide adequate, reasonable and effective supervision over students under their care during the Sept 17, 2019 incident at SMK Chaah, Segamat, Johor.
He said the plaintiff proved his case on the balance of probabilities, and the claim was allowed in full.
Syakir Irfan Syed Ali, who sued through his father, named the activity teacher, the school principal, the director-general of education, and the government as defendants.
Facts of the case revealed that after a frisbee activity organised by the teacher, the plaintiff used a school-issued badminton racket for an informal game with a classmate.
The racket’s iron shaft suddenly detached from its handle and struck him, causing a serious injury to his left eye, a skull fracture and intracranial bleeding, leaving him with permanent visual and neurological disabilities.
Syakir, who is currently pursuing a course in risk management at Universiti Sains Islam Malaysia, still walks with the aid of a walking stick.
Kalyana awarded RM400,000 in general damages, RM12,809 in special damages and RM40,000 in costs.
The court also ordered that the judgment sum payable by the government, which was held vicariously liable, include interest.
Lawyers G Visvanathan Nair and P Swarnamugi acted for the plaintiff while federal counsel Izzatul Nawwarah Idrus appeared for the government. - FMT
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