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The Cameron Highlands: Another tragedy awaits!
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It has been 3 years. About 100 Cameron Highlands folk had sued TNB over the 2013 flash flood. In November 2015, they had filed a negligence suit against Tenaga Nasional Bhd (TNB) for causing the flash flood on Oct 23, 2013 through the release of water from the dam.
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11 December 2018
A three-member Court of Appeal bench has today upheld the Kuala Lumpur High Court decision that ruled Tenaga Nasional Bhd (TNB) was negligent in causing the floods in Cameron Highlands five years ago.
The appellate court also ordered TNB to pay costs of RM20,000 to the affected residents.
The panel comprised Federal Court judge Tengku Maimun Tuan Mat and Court of Appeal judges Justice Mary Lim and Justice Hasnah Mohamed Hashim. Tengku Maimun led the panel.
Lawyer M Manoharan said the panel upheld the High Court ruling that TNB was responsible for maintaining the Sultan Abu Bakar hydroelectric dam.
They added that TNB can’t hold other parties responsible for the flood as it is the owner and operator of the dam.
Manoharan is representing the 100 residents who sued TNB over the deluge.
Previously, Justice Nordin Hassan found TNB negligent in releasing water that caused the floods and consequent damage.
This happened because TNB had only installed a water inflow measurement instrument at the dam after the incident. The dam was built in 1963.
The flooding resulted in four deaths and the destruction of properties in the Bertam Valley.
Residents said TNB failed to give ample or effective warning before releasing the water into the Bertam River three times and consequently, into the Bertam Valley.
The water was released at 12.20am, 1am and 2.45am on the night of Oct 23, 2013.
Justice Nordin had previously ordered an assessment of the damages to be done by the deputy registrar of the High Court.
https://www.malaysiakini.com/news/455663
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25 May 2018
malaysiakini.comVerified account @malaysiakini
TNB found liable for negligence in causing Cameron Highlands flood
The High Court in Kuala Lumpur today found Tenaga Nasional Bhd (TNB) liable in causing flash floods five years ago that resulted in four deaths and the destruction of property in Bertam Valley, Cameron Highlands.
Justice Nordin Hassan ruled that the electric utility company had acted negligently on the night of Oct 23, 2013, in releasing water from the Sultan Abu Bakar Hydroelectric Dam three times.
He noted TNB had only installed a water inflow measurement instrument at the dam after the incident, despite the dam having been built in 1963.
“Failing to have the instrument is an act of negligence as it (TNB) is entrusted with the lives and property of the people downstream.”
“In the circumstance, it is my finding that the defendant failed to maintain the appropriate water level at the dam particularly in the monsoon season
He said as a result of the instrument’s absence, the release of water from the dam could not be properly gauged that night.
“It cannot be said that the three releases of water were correct when they had no idea how much of the water to be released,” he added.
Justice Nordin ordered that the assessment of damages be done by the deputy registrar of the High Court.
He also ordered TNB to pay RM50,000 in costs to the plaintiff.
A total of 100 residents had filed the suit against TNB. They were represented by lawyer M Manogaram.
The judge then fixed May 30 for case management before a deputy registrar.
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2 November 2015
100 Cameron Highlands folk sue TNB over 2013 flash flood
100 Cameron Highlands folk sue TNB over 2013 flash flood https://www.malaysiakini.com/news/318092
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About 100 Cameron Highlands residents have filed a negligence suit against Tenaga Nasional Bhd (TNB) for causing the flash flood on Oct 23, 2013 through the release of water from the dam.
They are seeking special damages in excess of RM2 million, in addition to aggravated, general and exemplary damages.
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The flood following the release of water from the dam resulted in four deaths, three of which involved foreign workers.
https://www.malaysiakini.com/news/318092
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6 November 2013
TNB has allocated only RM200,000 in compensation to be shared among all victims.
The Sun daily
Bertam Valley victims plan to file class-action suit against TNB
Posted on 6 November 2013 – 09:43pm
A scene of devastation at Kampung Bertam Valley after the catastrophe on Oct 23. SUNPIX
CAMERON HIGHLANDS (Nov 6, 2013): Kampung Baru Bertam Valley villagers plan to file a class-action suit against Tenaga Nasional Berhad (TNB) over the mud flood that hit the village on Oct 23.
Their lawyer M. Manogaran said that they held the power giant responsible for the disaster which occurred in the wee hours of that fateful day.
Manogaran told theSun yesterday that villagers, who had lodged more than 100 police reports to date, were doing so as they were not satisfied with the RM200,000 that TNB had allocated to the affected families and businesses.
He said he would be working with a committee set up by the villagers to study the possibility of legal action against TNB.
“It will take time to file a suit as we need to collect police reports, send a notice to TNB and also collect engineers’ reports to support legal action,” he said.
Manogaran, the former Teluk Intan MP who lost to Datuk Seri G. Palanivel in the race for the Cameron Highlands parliamentary seat, said he will be representing the villagers if the case goes to court.
“TNB is not serious in the matter as it allocated only RM200,000 in compensation to be shared among all victims,” he said, adding that TNB should have set up a fact-finding task force to identify who was responsible for the catastrophe.
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Meanwhile, Bar Council Human Rights Committee chairman Andrew Khoo said the affected villagers have locus standi to sue TNB for damages.
He said TNB is ultimately responsible for monitoring and maintaining the Sultan Abu Bakar hydroelectric dam reservoir from which water was released that day.
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Malaysia Today @malaysiatoday [mt] TNB negligence may have led to Bertam Valley flood, claims engineer http://bit.ly/1cOWeyA
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fz.com @fzdotcom Maria J Dass writes on the Bertam Valley tragedy – A lost green cause https://tinyurl.com/mjbojw5
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weehingthong 