PUTRAJAYA – The family of lorry driver P. Chandran will receive RM357,500 in damages over his death in police custody in 2012 after his medical needs were not attended to.
This is despite a seven-member Federal Court bench’s 6-1 decision allowing an appeal by police and the government on a point of law that the family are not entitled to receive exemplary damages for his death.
Federal Court judge Datuk Rhodzariah Bujang, who delivered the majority decision, said there is nothing in the federal constitution that provides, in any direct or vague way, the right of a deceased’s estate to exemplary damages.
Although the apex court did not uphold the high court’s decision to award RM200,000 in exemplary damages to Chandran’s family, it retained the sum as aggravated damages.
“Since the respondents have pleaded for aggravated damages in their statement of claim, but this was not granted, we have decided to set aside the quantum for exemplary damages ordered by the high court judge and substitute the same under aggravated damages.”
The high court, allowing a suit filed by Chandran’s family in 2016, ordered police and the government to pay a total RM357,500 in damages, including RM200,000 in exemplary damages.
Police and the government subsequently appealed at the Court of Appeal on the award of RM200,000 in exemplary damages, saying the payment of such damages could not be made to family members of the deceased.
They lost the appeal, but obtained leave from the Federal Court to challenge the appellate court’s dismissal.
The majority decision came from Court of Appeal president Tan Sri Rohana Yusuf, Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim, and Federal Court judges Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim and Rhodzariah.
Federal Court judge Datuk Nallini Pathmanathan dissented, saying Chandran was deprived of his fundamental right to life while being held in custody.
Although the Civil Law Act 1956 bars further relief in the form of punitive damages against the government, she said, the deceased’s estate is entitled to receive such punitive damages for breach of his right to life under Article 5(1) of the constitution.
“The damages of RM200,000 awarded by the high court were clearly punitive in nature to indicate the court’s outrage at the conduct of the authorities, resulting in his (Chandran’s) unnecessary death.”
She said the courts should be vigilant to protect the rights of those in custody to ensure that they are not subjected to custodial deaths, and also to ensure that falsely motivated and frivolous claims are rejected.
On January 16, 2015, coroner Datuk Ahmad Bache, who heard the inquest into Chandran’s death, held police responsible through their omission to provide the victim with timely medical assistance.
In September 2015, the family filed a suit against seven appellants – five police officers, the inspector-general of police, and the government – claiming that Chandran’s death was caused by their negligence, and that their conduct amounted to public misfeasance and a breach of the deceased’s constitutional rights.
On January 9, 2016, the Kuala Lumpur High Court ruled that Chandran’s death was due to police negligence, and awarded a total RM357,500 in damages.
The sum awarded comprised RM200,000 in exemplary damages, loss of dependency (RM144,000), bereavement (RM10,000) and special damages (RM3,500).
Chandran was detained by police on suspicion of being involved in the abduction of a baby.
Lawyer M. Visvanathan represented Chandran’s family, while senior federal counsel Andi Razalijaya appeared for police and the government. – Bernama, March 22, 2021
