PUTRAJAYA: A 22-year-old man who lost the head of his penis in a botched circumcision 13 years ago was only awarded RM123,556 in damages compared to the RM3.1mil he had previously won in his lawsuit against the Malaysian Government and four other individuals.
The unanimous decision was made by a three-judge panel of the Court of Appeal chaired by Judge Datuk Ravintharan Paramaguru after finding that the damages amounting to RM3.1mil previously awarded by the High Court was too high.
"The court also set aside the severe and exemplary damages amounting to RM1mil awarded by the High Court because the two damages were not stated in the pleadings and there was no basis to allow the two damages. However, the costs of RM100,000 awarded by the High Court is upheld," said Judge Ravintharan, who sat with Judges Datuk See Mee Chun and Mohamed Zaini Mazlan at Monday 's online proceedings .
In the ruling, Judge Ravintharan said the court would not interfere with the findings made by the trial judge who found that the five defendants, who are the appellants in this case, were responsible for the delay in treatment given to the youth involved at the two hospitals until the surgery took place at 8.30pm on Dec 13, 2010.
The five appellants appealed against the decision of Judge Datuk Akhtar Tahir on April 7, 2022, awarding damages amounting to RM3.1mil to the young man.
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