[2019] 2 MLRH 378
High Court Malaya, Melaka
Vazeer Alam Mydin Meera J
[Civil Suit No: 21NCVC-01-04-2016]
Vazeer Alam Mydin Meera J


Vazeer Alam Mydin Meera J:

[1] This is a personal injuries claim for damages arising from negligence of the defendants. I had allowed the plaintiff's claim against the 1st, 2nd, 3rd and 4th defendants on the basis of joint and several liability and against the 5th defendant on the basis of vicarious liability. These are my grounds for that decision.

[2] The factual background to the plaintiff's claim is as follows.

[3] The plaintiff was at the material time a Form 3 student at the Maktab Rendah Sains MARA Kem Terendak, Melaka ("MRSM"). The 1st defendant was a teacher at the MRSM, and was the plaintiff's health and physical education teacher. The 2nd defendant was the Principal of the MRSM at the material time. The 3rd defendant is a statutory body established under the Majlis Amanah Rakyat Act 1966 (Act 486) and was the body that managed and operated the MRSM. The plaintiff states that the 3rd defendant is vicariously liable to acts and omissions of the 1st and 2nd defendants.

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