HIGH COURT (KUALA LUMPUR)

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 CIVIL SUIT NO S7-21-61 OF 2000
HIGH COURT (KUALA LUMPUR) DECIDED-DATE-1: 14 SEPTEMBER 2010
LEE SWEE SENG JC

CATCHWORDS:

Civil Procedure - Damages - Aggravated damages - Aggravated damages not specifically pleaded by plaintiff - Whether plaintiff's plea for general damages sufficient - Whether court entitled to award aggravated damages if pleaded and proved facts justified award

Civil Procedure - Damages - Aggravated damages - Death of victim in police custody - Whether aggravated damages recoverable by dependants - Whether aggravated damages reflected court's and society's abhorrence - Whether aggravated damages reflected public's negative reaction to apathy, abuse and abdication of duty by police

Civil Procedure - Damages - Assessment of damages - Appeal against assessment by re-gistrar - Whether judge ought to be slow to disturb such assessment

Constitutional Law - Fundamental liberties - Right to life and liberty - Deprivation of fundamental rights - Whether 'vindicatory damages' recoverable

Constitutional Law - Fundamental liberties - Right to life and liberty - Person deprived of medical care and attention in police custody - Whether deprivation a deprivation of per-son's right to life and liberty - Whether deprivation tantamount to torture, cruel and inhu-mane treatment - Whether aggravated and exemplary damages recoverable for oppressive, arbitrary or unconstitutional action by servants of the state - Federal Constitution Part II - Universal Declaration of Human Rights 1948

Damages (Personal Injury or Death) - Action for - Dependency claim - Death of victim in police custody - Death caused by police negligence - Children of deceased victim of tender age and in formative years - Whether award of RM200,000 for each of victim's two children reasonable

Damages (Personal Injury or Death) - Action for - Dependency claim - Death of husband and father due to breach of fundamental liberty and basic human rights - Whether dependants entitled to recover aggravated and exemplary damages - Civil Law Act 1956 s 7

Tort - Damages - Negligence - Death of victim in police custody - Death of victim due to negligence of police in providing medical care and attention - Whether aggravated and exemplary damages recoverable

Words and Phrases - 'enshrined' - Human Rights Commission of Malaysia Act 1999 s 2