The Shah Alam High Court has awarded RM1.1 million in damages to the family of a businessman who died in police custody in 2018, after a court found authorities negligent.
KUALA LUMPUR: The Shah Alam High Court has awarded RM1.1 million in damages to the family of a businessman who died in a police lockup in 2018.
Judge Noor Hayati Mat awarded the sum to the widow and father-in-law of S. Thanabalan, who was found dead in custody on April 17, 2018.
The breakdown includes RM500,000 in general damages for negligence and RM200,000 in aggravated damages for pain and suffering.
A further RM30,000 was awarded for bereavement, RM414,000 for dependency, and RM10,000 in special damages for funeral expenses.
The court also ordered the government to pay 5% annual interest from the date of death until full settlement and awarded RM7,000 in costs to the plaintiffs.
The decision was delivered via Zoom, confirmed by the family’s counsel, M. Visvanathan.
Thanabalan was arrested on March 29, 2018, under the Security Offences (Special Measures) Act 2012 for alleged gang involvement.
He fainted in the Shah Alam police lockup on April 17, 2018, and was pronounced dead on arrival at hospital.
His widow, V. Santhi, and father-in-law, P. Vathian, filed a suit in 2021 against 11 police officers, the Inspector-General of Police, and the government.
They alleged negligence and misfeasance in public office, seeking various damages on behalf of Thanabalan’s estate and two children.
The Shah Alam High Court initially dismissed the suit in April 2022, but the Court of Appeal overturned that decision in October 2023.
The appellate court found the police and government negligent for failing to send Thanabalan to hospital promptly.
It then remitted the case to the High Court specifically for the assessment of damages.
The police and government subsequently sought leave to appeal to the Federal Court.
That application was dismissed on March 12, 2024, finalising the liability finding against the authorities.
