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Court Increases Quantum Of Damages To RM349,496 For Nirmala

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PUTRAJAYA: Former maid Nirmala Bonat will receive RM349,496 in damages for her civil claim against her former employer for injuries and pain she sustained while under their employment, 11 years ago.

This follows a decision of the Court of Appeal’s three-member panel today, chaired by Justice Datuk David Wong Dak Wah to allow partly, Nirmala’s appeal on the quantum of damages.

He increased the sum of general damages for injuries on Nirmala’s breasts from RM105,000 to RM200,000, general damages for injuries on her head and face from RM10,000 to RM20,000 and general damages for emotional stress suffered by Nirmala from RM40,000 to RM100,000.

The panel which also comprises justices Datuk Umi Kalthum Abdul Majid and Datuk Zamani A. Rahim also set aside a High Court decision to deduct 30 per cent from the full sum of damages of RM184, 496 after holding Nirmala 30 per cent liable for contributing to her the injuries.

Last year, the High Court allowed Nirmala’s civil suit and ordered her former employer, Yim Pek Ha and her husband, Hii Ik Ting to pay her damages of RM129,147.20, after deducting 30 per cent from the full sum of damages of RM184, 496.00.

At the Court of Appeal today, Wong also revised the legal cost for the High Court proceedings from RM10,000 to RM50,000.

Meanwhile, the panel dismissed the couple’s appeal on liability and also ordered the couple to pay a total cost of RM30,000 in costs for the court proceedings in the Court of Appeal.

Nirmala, 30, from Desa Tuapakas in Indonesia sued Yim, 47, a boutique manager and Hii, 49, for injuries and pain she claimed she had suffered while under their employment as a domestic maid at the couple’s home in Villa Putera, Jalan Tun Dr Ismail between September 2003 and May 17, 2004.

In her suit which she filed in January 2010, Nirmala claimed to have suffered pain, humiliation and physical and mental anguish while working for the couple.

Yim is currently serving a 12-year jail term at the Kajang Women’s Prison after she lost her final appeal at the Court of Apppeal on Oct 1, 2012 to set aside her conviction on three counts of inflicting injuries on Nirmala.

Nirmala was represented by counsel M. Kavimani while counsels Steven Wong Chin Fung and Nur Diana Ramlan represented the couple.– BERNAMA

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