10 years on, Bertam flood victims still waiting for compensation

In the wee hours of Oct 23, 2013, the Bertam Valley in Cameron Highlands suddenly became inundated with an unprecedented flood.

Four died, and many more were left dealing with the aftermath.

The High Court in Kuala Lumpur later found Tenaga Nasional Bhd (TNB) had been negligent in releasing water from its Sultan Abu Bakar hydroelectric dam, causing the flood.

Despite TNB having exhausted its legal avenues in 2019 when the Federal Court dismissed its application to appeal the case, the local assemblyperson Ho Chi Yang said the plaintiffs have yet to receive compensation for the damages.

“Ten years have passed and some of the elderly plaintiffs have passed away, yet the flood victims have yet to receive compensation,” he said in a statement.

Tanah Rata assemblyperson Ho Chi Yang

The statement was issued by his office in conjunction with a candlelight vigil held on Monday by the Bertam Vally Disaster Relief Committee, which 70 people reportedly attended.

“I hope that TNB, as a publicly listed company and GLC, can be committed to fulfilling its corporate social responsibilities, understand the burdens still being carried by the flood victims and provide compensation immediately so the flood victims’ sufferings are put to rest,” the Tanah Rata assemblyperson said.

The statement also quotes the disaster relief committee’s treasurer Lim Lai Ping urging TNB to respect the court’s decision and stop delaying justice by resorting to complicated legal procedures.

Malaysiakini has contacted TNB for a response.

In response to similar accusations in January last year, TNB has denied it was deliberately trying to delay and deny compensation to the victims.

Villagers cleaning up the devastation in the immediate aftermath of the Bertam Valley flood in October 2013.

Instead, the damages had yet to be assessed by the court at the time, and thus it is not yet liable to pay the compensation.

“TNB is sympathetic to the predicament of the plaintiffs in this issue. However, we have to follow due process in determining the compensation,” it said.

The 100 plaintiffs had brought the lawsuit against TNB in 2015, alleging that the utility company failed to provide adequate warning to residents downstream of Bertam River before releasing water from the dam.

They sought RM2 million in special damages.

TNB had said the release of water from Sultan Abu Bakar Dam’s spillways was a controlled release done in accordance with procedure and was done amid the heavy rain to prevent the entire Bertam Valley from being flooded.

The High Court ultimately sided with the residents, and the Court of Appeal upheld the decision. The Federal Court declined to hear TNB’s appeal.

While the courts collectively ordered TNB to pay the plaintiffs RM90,000 for legal costs, the quantum of the damages was to be assessed by the High Court’s deputy registrar. - Mkini