Rhodzariah Bujang FCJ (majority):

[1] The appellants in this appeal were sued by the respondents, the joint administrators of the estate of one Chandran a/l Perumal ("the deceased") and who were his wife and daughter, respectively. The suit was filed following his demise on the 5th day whilst in police custody pursuant to his arrest, with three others, on suspicion of kidnapping a newborn baby. As found by a coroner, following an inquest into his death, the deceased died of hypertensive heart disease and the claim put forth by the respondents was for losses suffered by his estate and lawful dependants by reason thereof which they alleged was due to the wrongful acts of the appellants. After a full trial the learned High Court Judge ("HCJ") found for the respondents and awarded the following damages against the appellants:

(a) special damages - RM3,500.00;

(b) bereavement - RM10,000.00;

(c) loss of dependency - RM144,000.00;

(d) exemplary damages - RM200,000.00; and

(e) cost - RM50,000.00.

[2] The appellants were only dissatisfied with the decision in respect of the award of exemplary damages and filed an appeal to the Court of Appeal in respect of it but which appeal was dismissed