Woman, daughter ordered to pay dead maid’s family RM750,000 for negligence
Published on: Friday, February 09, 2024
By:
FMT, V Anbalagan
The judge today ruled the injuries sustained by the deceased and her subsequent death were caused by defendants R Jayavartiny and her mother, S Ambika. (File pic)
PETALING JAYA: The High Court in Penang has awarded RM750,000 in general and aggravated damages to the mother of Indonesian maid Adelina Lisao who died in Bukit Mertajam, Penang, on Feb 10, 2018, following abuse by two women.
Justice Anand Ponnudurai entered the judgment following an assessment of damages in a suit for negligence and breach of contract brought by Adelina’s mother, Yohana Banunaek.
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The judge ruled the injuries sustained by the deceased and her subsequent death were caused by defendants R Jayavartiny and her mother, S Ambika.
“The defendants’ negligence is characterised as a violation of human rights,” Anand said in justifying the award of RM500,000 in aggravated damages on top of the sum of RM250,000 given as general damages.
He said the medical evidence adduced showed unjustified mistreatment of Adelina.
Anand called the defendants’ actions “reprehensible”, saying they showed a complete disregard for Adelina’s rights. He also said the award was to deter others from engaging in similar conduct.
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“Quite clearly, the deceased has been deprived of her life due to cruelty,” he said.
Anand, who also awarded RM25,000 in costs to Yohana, said he was mindful that the damages assessed must not serve to enrich the plaintiff unjustly.
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Yohana, as the administrator of her daughter’s estate, filed the suit on Aug 23 last year and obtained a default judgment on Nov 30 after the defendants failed to enter an appearance to defend the suit.
Jayavartiny and Ambika were absent in court yesterday, despite being notified of the hearing date.
Lawyer Karin Lim represented Yohana, who received assistance from the Indonesian embassy consular in Penang when filing affidavits to support her claim.
Earlier, Yohana said her daughter, who had been working for Jayavartiny since 2015, left Indonesia a healthy person but died at the Bukit Mertajam Hospital due to ill treatment.
She said Adelina was to be paid RM1,500 per month but the deceased never received any payment until the day she died.
Yohana said Adelina was treated like a slave, a breach of Article 6 of the Federal Constitution which prohibits slavery and forced labour.
“The plaintiff (Yohana) is therefore entitled to damages for the breach of the deceased’s constitutional right,” said Yohana’s statement of claim.
She said her daughter was exposed to dog bites, and not given proper meals and treatment when required.
“Ambika had also let the deceased sleep with the dog (Rottweiler) and, as a result, suffered bites on her hand and suffered prolonged pain without medical treatment,” the statement said, adding that such actions were tantamount to assault and battery.
The statement said Adelina’s death was caused by the defendants’ negligence as they did not provide her with a safe working place, failed to notice the injuries sustained, and refused to give her timely medical care.
Ambika had been previously charged for Adelina’s murder, but was acquitted by the High Court in George Town on April 18, 2019, despite the prosecution only requesting a discharge not amounting to an acquittal (DNAA).
On June 23, 2022, the Federal Court affirmed Ambika’s acquittal. Justice Vernon Ong, who led a three-member bench, said the prosecution failed to give any reason for discontinuing its case.
He said a DNAA could not be given in the absence of a good reason being provided.
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