KUALA LUMPUR: The father of a Universiti Utara Malaysia student who died of electrocution in one of the institution's dormitories in 2022 has filed a suit against it.
R. Sivakumar Rajoo is seeking RM3.05 million in damages from UUM as the sole plaintiff in the suit filed in at the Alor Star High Court on Feb 28.
The 55-year-old filed the suit through Messrs. M. Manoharan & Co, over the death of his daughter, Vinosiny R. Sivakumar, who was 21 at the time.
He is seeking special damages of RM50,000 and general, aggravated and exemplary damages of RM1 million each, at an interest rate of five per cent per annum from the date of judgment to the date of realisation, costs and any other relief deemed fit by the court.
According to the statement of claim, Sivakumar said his daughter was found lifeless on the floor of a room in the dormitory on May 21, 2022.
The statement said a post-mortem examination was conducted by the Sultanah Bahiyah Hospital as part of the police investigation into the death of Vinosiny.
"(The post-mortem examination) concluded that the cause of Vinosiny's death was electrocution.
"Further, the Sessions Court judge in Alor Star, acting under Section 333 of the Criminal Procedure Code, ascertained that electrocution was the cause of Vinosiny's death. This was confirmed in a letter dated Feb 1, 2023, from the deputy registrar of the Alor Star Sessions Court to the plaintiff."
Sivakumar said the defendant, as a university, and Vinosiny, as its student, had a special relationship and as such, the defendant had a duty of care to ensure her safety when using the room, its facilities or any electrical appliances.
"The defendant, as the owner of the said dormitory, owed a statutory duty to all lawful occupants of its dormitories under the provisions of the Electricity Supply Act 1990 and the Electricity Regulations of 1994 to maintain the electrical installations of the dormitory.
"In breach of its duty in negligence and/or its statutory duty, the defendant failed to ensure that Vinosiny was safe from electrocution and/or failed to maintain the electrical installations (of the dormitory) in proper order, thus causing Vinosiny to be electrocuted, resulting in her death," the statement read.
On the particulars of the breach of duties, Sivakumar claimed that UUM:
FAILED to take any reasonable care to see that Vinosiny would be reasonably safe in using the room and in particular the safe use of the electrical fittings and appliances in it;
FAILED to take any reasonable care to prevent injury or damage or death to Vinosiny from the dangers of electrocution of which the defendant knew or ought reasonably to have known;
CAUSED or permitted the electrical appliances, in particular an electrical wall lamp or other defection appliances in the room to be and/or to become and/or to remain in a defection and dangerous condition and to be a danger and a trap to persons lawfully staying in the room and using it;
FAILED to replace or to repair the lamp and other defective appliances or take any reasonable measure to render such appliances safe for use;
FAILED to take any adequate measures whether by way of periodic or other examination, inspection or test to ensure the electrical installations were in a reasonably safe confition;
FAILED to give Vinosiny any adequate warning of the dangerous condition of the wall lamp or other appliances;
EXPOSED Vinosiny to a risk of damage or injury of which the defendant knew or ought to have known;
CAUSED or permitted Vinosiny to use the lamp or other appliances in the room when the defendant knew or ought to have reasonably known that it was defection and unsafe;
FAILED to maintain the electrical installation in good working order and ensure safety precautions were observed at all times;
FAILED to ensure that the electrical installation was checked and tested by a competent person at least once every five years or such other reasonable interval as the context required; and,
FAILED to ensure the protective relay and device of the electrical installations were checked, tested and calibated by a competent person at least once every two years.
