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 location 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.
He said as a result of the instrument’s absence, the release of water from the dam could not be properly gauged that night.
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. - Mkini
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