Insurers seek to set aside RM500,000 court award

21/04/2006 The Malay Mail

KUALA LUMPUR: It’s not over yet. The ‘battle’ between City Hall and the family of Putera Marzuqi Hue, the toddler who sustained a cracked skull and swollen brain after falling from the fourth floor of the Sri Melaka flats late last year, may be prolonged.

The family may have to ‘return’ the RM500,000 awarded them by the Kuala Lumpur High Court.

It emerged yesterday that Takaful Nasional, the insurance carrier for City Hall, has appointed lawyers to file an application to set aside the judgment passed by the court last month.

When contacted yesterday, a company spokesman confirmed that the process was under way.

"Based on information given to the company’s senior management, the writ of summons was sent to City Hall and subsequently handed to us. Under normal procedure, we would launch our own investigations to obtain a full picture of the situation," he said, admitting that an out-of-court settlement would have been a possibility.

The spokesman said that due to a ‘miscommunication’, the plaintiff’s lawyer was able to submit judgment first.

"However, we are taking steps to rectify the matter. We hope to file an application to set aside the judgment soon," he said, declining further comment.

He was commenting on Wednesday’s incident where the City Hall headquarters in Jalan Raja Laut were partially sealed after the council failed to settle damages amounting to RM500,910 awarded to Putera Marzuqi’s father, Haris Abdullah Hue.

On Dec 20 last year, Putera Marzuqi sustained serious injuries after falling through the railing from the fourth floor of the flats.

On Jan 23 this year, the family’s counsel, Keppy Wong, filed a claim for damages.

Their efforts paid off when on March 21, the Kuala Lumpur High Court awarded the family RM500,000 in general damages, RM685 in special damages and RM225 in costs.

When City Hall failed to pay up, the family’s lawyer obtained a writ of seizure and sale from the court on April 10.

Haris, accompanied by his counsel and a court bailiff, went to the headquarters to meet Datuk Bandar Datuk Ruslin Hassan on Wednesday but failed to secure an a meeting.

Following a meeting with City Hall’s lawyers, Wong and the bailiff proceeded to seal portions of the building.

They were, however, unable to seal off Ruslin’s office as they were denied entry by security personnel, who remained steadfast despite being informed that they could be acting in contempt of court.

The lawyers and bailiff were halfway through completing the task when they were invited to a meeting with City Hall’s Deputy Director of Administration, Normah Malik, who informed them that the cheque would be ready soon.

The cheque was delivered to Haris at 4.30pm on Wednesday.