The High Court has awarded RM1.43 million in damages to families and survivors of the 2017 Darul Quran Ittifaqiyah fire, finding the centre’s owners and MAIWP negligent.
KUALA LUMPUR: The High Court has awarded RM1.43 million in damages to the families of victims and survivors of the Darul Quran Ittifaqiyah Tahfiz Centre fire.
Judicial Commissioner Dr Suzana Muhamad Said ruled that the centre’s owner, his wife, and the Federal Territory Islamic Religious Council (MAIWP) were negligent in ensuring student safety.
The court ordered Mohd Zahid Mahmood, Samsurini Mohd Anuwi, and MAIWP to jointly pay RM500,000 in exemplary and aggravated damages.
It also awarded RM30,000 in nominal damages to each of the 31 plaintiffs, comprising 17 family members and 14 former students.
The three defendants were further ordered to pay RM10,000 each in bereavement compensation to the next of kin of the deceased.
They must also pay RM20,000 in costs to each plaintiff.
In her decision, Suzana stated the court found the defendants negligent in ensuring the safety of the students and teachers.
“The court’s decision is based on evidence…the court cannot arbitrarily make a decision based on emotions,” she said.
She noted the present case concerned civil liability, despite defendants attributing the incident to criminal acts.
However, the judge dismissed claims for trauma and emotional distress damages.
She also dismissed claims over public donations received by the centre after the fire.
“It was not proven that the funds collected were intended for distribution to the plaintiffs,” Suzana said.
Plaintiffs’ counsel Mohaji Selamat informed the court his clients intend to file an appeal against the decision.
The plaintiffs had filed the suit in June 2018, claiming negligence caused students to be unable to escape the fire.
They alleged the defendants failed to provide fire prevention equipment and allowed use of a building without a Certificate of Completion and Compliance.
The fire at the centre in Kampung Datuk Keramat occurred on Sept 14, 2017.
It resulted in the deaths of 21 students and two teaching staff.
In a separate criminal case, a man was found guilty of murder for starting the fire.
His sentence was ultimately upheld by the Federal Court in March 2024.
