Slapped by Teacher Four Times, Student Receives RM88,069 Compensation

SHAH ALAM: A student who was slapped four times by his teacher during a learning session seven years ago received total compensation of RM88,069 after the Kota Bharu High Court, Kelantan allowed his civil suit claim today.

The decision was made by Kota Bharu High Court Judge Mohd Rosli Yusoff after allowing the claim filed by the victim, Mohamad Adam Maidin, 21, through his mother Noor Azleen Mohamad, 47, against the teacher concerned as well as three other defendants.

The teacher, Isamuddin Ismail, 63, who at the time of the incident was the Senior Assistant for Administration, was named as the first defendant in the suit.

In his decision, Mohd Rosli found that the teacher had committed a touching assault against the victim by slapping his face and both cheeks using his right and left hands from behind.

The court also found that he, as an educator, had a duty of care towards the student.

At the time of the incident on January 28, 2019, Mohamad Adam was a Form Two student aged 14.

In the incident at approximately 10.30 am, the victim was allegedly at his desk with a classmate before the teacher came from behind and slapped him hard four times.

As a result of the incident, the victim suffered pain on his face and both ears, besides complaining of dizziness, reduced hearing and ringing in the ears.

His mother later took the victim for treatment at the Berek 12 Health Clinic before being referred to Universiti Sains Malaysia (USM) Hospital Kubang Kerian for an ear specialist examination.

A medical report issued in June 2019 found that the victim suffered hearing problems in his right ear including mixed hearing loss at a mild to moderate level which was diagnosed as an injury due to trauma believed to have been caused by the slaps.

The incident also caused the victim to suffer trauma to the point that he had to change schools about a month later because he was afraid to return to school and face the teacher concerned.

The lawyer representing the plaintiff, Mohd Syukran Mohd Noordin, said the court allowed his client’s claim against all defendants after finding that there was negligence and responsibility that had to be borne regarding the incident.

“The total of RM88,069 ordered by the court includes RM45,000 in general damages, RM569 in special damages, RM11,250 in exemplary damages and RM11,250 in aggravated damages, in addition to interest and costs of RM20,000,” he said as reported by BH.

The civil suit was filed through Messrs Syukran Noordin in March 2021, approximately two years after the incident.

The victim also named the school principal, the Director-General of Education and the Government of Malaysia as defendants, while all defendants were represented by Senior Federal Counsel Siti Syakimah Ibrahim.

Media Selangor