KUALA LUMPUR, Dec 8 — 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 S. Thanabalan’s widow Vathian Santhi and her father, P. Vathian RM500,000 in general damages for negligence, RM200,000 in aggravated damages, including for pain and suffering; RM30,000 for bereavement, RM414,000 for dependency, and RM10,000 in special damages to cover funeral expenses.
The court also ordered the government to pay interest at five per cent per annum from the date Thanabalan was found dead on April 17, 2018, until the judgment sum is fully paid.
Justice Hayati further awarded RM7,000 in costs to the plaintiffs. The decision was delivered via Zoom.
Counsel M. Visvanathan, who represented the family, confirmed the decision when contacted.
On March 12, 2024, the Federal Court dismissed the police and the government’s application for leave to appeal against the Court of Appeal’s decision, which found them negligent over Thanabalan’s death in police custody.
On October 30, 2023, the Court of Appeal ruled in favour of his widow and father-in-law, finding the Inspector-General of Police (IGP) and the government negligent for failing to send him to the hospital promptly. The appellate court remitted the case to the Shah Alam High Court for assessment of damages.
Thanabalan was arrested on March 29, 2018, under the Security Offences (Special Measures) Act 2012 (SOSMA) for alleged involvement with an organised crime gang.
He fainted in the Shah Alam police headquarters lockup at 8.30 pm on April 17, 2018, and was taken to the hospital, where he was pronounced dead on arrival.
Santhi, 45, and Vathian, 75, filed the suit in 2021 against 11 police officers, the IGP and the government for negligence and misfeasance in public office.
Santhi filed the suit on behalf of her two children and her late husband's estate, while Vathian is the co-administrator of the estate. They sought damages including bereavement, aggravated damages, exemplary damages, general damages and funeral expenses.
On April 4, 2022, the Shah Alam High Court initially dismissed the suit, but the Court of Appeal overturned the decision and found the police and the government negligent in Thanabalan’s death. The police and the government later sought leave to appeal to the Federal Court.
