Court strikes out negligence suit against govt, DBKL over teen’s death

Court strikes out negligence suit against govt, DBKL over teen’s death

S Sathiswaran, who was 15 at the time, died instantly when he was hit by a chair thrown from the 17th floor of a PPR flat in January 2018.

K Sathiasilan (left) and S Kasthuribai filed a lawsuit last year seeking damages from Putrajaya and DBKL over their son’s death.
KUALA LUMPUR:
The High Court here today struck out a negligence claim for the death of a teenager who died four years ago when a chair thrown from the 17th floor of a flat hit him on the head.

The boy’s family sued the federal territories ministry and Kuala Lumpur City Hall (DBKL) for negligence over S Sathiswaran’s death. The teenager, who was 15 years old, died on the spot after the chair hit him at a PPR flat in Pantai Dalam here in January 2018.

Judge Hayatul Akmal Abdul Aziz allowed the striking out applications filed by DBKL and the federal government after hearing submissions today during an online proceeding.

DBKL and the government, in urging the court to strike out the family’s lawsuit, contended that there was no reasonable cause of action.

They said Sathiswaran’s family filed the civil action out of the stipulated three-year deadline required under the law.

The court did not make any order for costs.

Last year, Sathiswaran’s mother, S Kasthuribai, filed a lawsuit seeking damages from the authorities over his death.

The police had in 2018 said they were investigating Sathiswaran’s death under Section 304A of the Penal Code for causing death by negligence.

The family was represented by lawyers Sachpreetraj Singh Sohanpal and Pavitra Loganathan while Kelvin Manuel Pillay appeared for DBKL. Senior federal counsel Rohaiza Hamzah represented the government.

The family’s lawyers said they would seek further instructions on whether to appeal against the court’s decision.

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