Tenaga Nasional Berhad (TNB) has been ordered to pay RM4.7 million in damages to 100 Cameron Highlands residents over the 2013 Bertam Valley floods, which took four lives and resulted in property losses.
Judge Ahmad Shahrir Salleh, in assessing the quantum of damages during proceedings at the Seremban High Court today, took note of the Kuala Lumpur High Court's 2018 decision, which found TNB wholly liable and negligent in operating and maintaining the Sultan Abu Bakar Dam in Ringlet.
Shahrir then ordered TNB to pay RM912,459.76 in special damages to the 100 plaintiffs, RM30,000 in general damages for each plaintiff and RM10,000 in exemplary damages for 83 surviving plaintiffs.
The amount is to be paid at five percent interest per annum, calculated from May 25, 2018, until the settlement date.
The plaintiffs' lawyer, Manogaran Marimuthu, confirmed the decision when contacted by Malaysiakini.
“The general damages were awarded as the judge took into consideration the pain and suffering, trauma and stress that the plaintiffs have gone through.
“Exemplary damages were awarded as a punitive measure as the defendant failed to maintain the dam when they could have,” he said.
Suit filed in 2015
The 100 residents filed their negligence suit against TNB in 2015, seeking special damages in excess of RM2 million, in addition to aggravated, general and exemplary damages, for causing the flash flood through the release of water from the Sultan Abu Bakar Dam.
The dam water was released before it reached its critical level, at 12.20am, 1am and 2.45am on the night of Oct 23, 2013, resulting in four deaths, three of which involved foreign workers.
The residents, in their suit, claimed that TNB, which manages the hydrostation that oversees the dam, had failed to give ample or effective warning before releasing the water into the Bertam River three times and consequently into the Bertam Valley.
They also claimed that the dam was built to release water automatically once the critical level was reached.
They further claimed that releasing such huge amounts of water would endanger residents in Bertam Valley, located about 18km away.
TNB, following the court's 2018 verdict, exhausted its avenues to appeal in 2019.
TNB told Malaysiakini in 2023 that they remain committed to paying compensation to the victims.
Compensation symbolises justice
Tanah Rata assemblyperson Ho Chi Yang said the High Court’s compensation order symbolises justice for the victims.
“While this compensation will help victims rebuild their homes and ease long-term financial burdens, more importantly, it sends a clear message: justice has been upheld, and responsibility cannot be avoided,” he said in a statement today.
Ho expressed hope that TNB will promptly complete the necessary administrative and enforcement procedures to avoid further delays and renewed hardship for the victims.
“As a major government-linked company, TNB must not only focus on profitability but also uphold its corporate social responsibility to improve public welfare.
“Since the courts have already ruled in favour of the victims and the compensation amount has now been finalised, I call on TNB to demonstrate sincerity and goodwill, respect the victims and the judgment, and bring this case to a true conclusion so that those who have suffered for so long can finally have peace of mind,” he added. - Mkini
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