Lawyer M Visvanathan, who is appearing for the family members, said his firm was served a copy of the leave application.

“The government filed it today and has proposed one legal question to obtain leave from the Federal Court to hear the merit of the appeal.”

Visvanathan said he would oppose the leave application because the question posed was not novel as it had been decided by an apex court bench.

The question posed is whether Section 8 of the Civil Law Act allows the court to order payment of exemplary damages in custodial death cases.

On May 22, a three-man Court of Appeal bench, chaired by Tengku Maimun Tuan Mat, dismissed the government’s appeal against the compensation awarded by the High Court early this year, saying the compensation was fair and not excessive.

The bench also ordered the government to pay RM10,000 in costs.

On Jan 9, High Court judge S Nantha Balan held the police liable for Chandran’s death at the Dang Wangi police lockup in 2012.

He cited negligence and abuse of public office by the policemen in failing to send the deceased for treatment.

In his judgment, Nantha awarded a total of RM357,000 in damages to Chandran’s widow N Selvi and daughter C Rita, as well as RM200,000 in exemplary damages.

Following the High Court decision, the government admitted responsibility for Chandran’s death but appealed against the quantum.

It also applied to set aside the award of RM200,000 as Nantha had said the compensation was for the breach of the deceased’s fundamental rights.

Chandran, a father of six, was arrested on Sept 6, 2012 and held at the Dang Wangi police station lockup for four days on suspicion of being involved in a kidnapping case.

During that period, he was not allowed to take the medication which his family members tried to give him. He died in the police lockup before 7.48am on Sept 10, 2012.