Quantum of Damages

In: Other Topics

Submitted By arifahz
Words 726
Pages 3
INTRODUCTION

A civil assault occurs when one person (the defendant) intentionally puts another person (the plaintiff) in fear of apprehension of physical contact whereas in civil battery claim, it involves physical contact and (usually) injury. False imrprisonment is the unlawful restraint of a person against his will. In this paperwork we will examine the latest quantum of damages award by the court in cases pertaining to trespass to person.
The case that we referred to is Prema Ganason & Anor v. Ravindran Tharumalinggam & Ors. This case is a civil suit of assault and battery which the court awarded aggravated damages, exemplary damages, and general damages to the plaintiff. However, the court did not award special damages as the plaintiff failed to provide documentary evidences.

PREMA GANASON & ANOR v.
RAVINDRAN THARUMALINGGAM & ORS.

MATERIAL FACTS OF THE CASE

1. The first defendant who is the husband and a police officer and the first plaintiff who is the wife were having marital problem.
2. The first defendant was on 24 hours duty as a driver of the Transportation Branch of the Criminal Investigation Department for Dang Wangi Police Station.
3. The first defendant had arrived at the first plaintiff’s house and the purpose of going to the house was to discuss his marriage problems. The first plaintiff decided to divorce the first defendant.
4. The incident happened when the first plaintiff was walking towards her room to collect and return jewelleries that the first defendant had given her and she had been pushed by the first defendant from behind and had fallen down onto the floor.
5. The first defendant had then immediately pointed a gun to her head and fired shots.
6. The second plaintiff who is the brother of the first plaintiff said that he heard gunshots and rushed to see that their father was struggling to gain control over the…...

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