THE Alor Setar High Court today dismissed a RM3 million compensation claim filed by a father following the death of his daughter, who was allegedly electrocuted at the Universiti Utara Malaysia (UUM) student residence college, Sintok, four years ago.
Judge Dr Mohammad Johan Lee ruled this after finding that the plaintiff, R Sivakumar, 57, failed to prove the negligence claim against the university as the defendant.
In his judgment, he explained that the plaintiff failed to prove that the electric shock was the main cause of the death of the student involved, Vinosiny, 21.
He said that the autopsy report submitted by the plaintiff had several significant weaknesses, including initial findings made before a full investigation was conducted at the scene of the incident.
"SP1 (Medical Officer) admitted to making a preliminary conclusion regarding the possibility of an electric shock before visiting the scene and completing the investigation.
"In addition, important forensic tests such as metallization were also not carried out," he said.
The court also found that the report could not be used as a solid basis because the medical officer was not a forensic pathology consultant and had handled fewer than five cases of electric shock throughout his career.
He said the medical officer admitted that the conclusion of electric shock likely occurred when the deceased's ankle touched the iron bar under the table.
"SP1 clearly admitted that there was no connection to the electric shock from the wall lamp as alleged in the plaintiff's case, besides the iron bar was only a conductor and could not be the source of electricity in itself.
In addition, he said, the deceased was also found to be suffering from myocardial fibrosis, which increases the risk of arrhythmia (abnormal heartbeat), which can be fatal.
At the same time, based on the evidence, the Energy Commission (ST) has conducted a comprehensive test of the electrical system and concluded that the devices (electrical) in the victim's residential college are functioning and operating properly, and there is no physical indication of damage to the electrical equipment.
"The plaintiff has failed to prove the causal link, causation and breach of duty of care by the defendant... therefore the plaintiff's claim is dismissed with costs," he said.
The court then ordered Sivakumar to pay costs of RM5,000 to UUM.
On February 28, 2022, Sivakumar filed a negligence suit against UUM, claiming general damages of RM1 million, aggravated damages of RM1 million, exemplary damages of RM1 million and special damages of RM50,000.
The plaintiff was represented by lawyers M Manoharan and M Hariharan, while UUM was represented by lawyers P Barvina and Y Sathisharajah.
Manoharan, when met by reporters after the proceedings outside the court, said that his party would file an appeal against the court's decision as soon as possible.
In the incident on May 21, 2022, Vinosiny, who was also a Bachelor of Accounting (Information Systems) student at UUM, was found dead in her dormitory room. – April 26, 2026
.jpeg)
.jpg)
