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Wednesday, January 19, 2022

Pahang rep: Do not delay compensation to Bertam Valley flood victims

 


A Pahang state assemblyperson today urged Tenaga Nasional Bhd to cooperate with the lawyers representing the victims of the 2013 flash floods in Bertam Valley, Cameron Highlands which caused four deaths and destroyed many properties.

According to Tanah Rata representative Chiong Yoke Kong, the power company has yet to pay compensation to 100 victims that sued it in court despite TNB having been found negligent for causing the floods.

In a statement, Yoke claimed that TNB demanded all 100 plaintiffs that sued the company to show proof of their claims in court, instead of negotiating compensation with the victims' lawyers.

"One can’t help but suspect that TNB is deliberately leveraging the complicated procedures to make it difficult for all claimants to comply, thus achieving the ultimate goal of delaying the entire process or even slashing the total amount of compensation.

"In fact, Tanah Rata State Assemblyman’s Office also assisted lawyer M Moanogaran twice last year to collect police reports and relevant receipts from the 100 claimants. The victims’ claims are made based on the police reports, with receipts being attached as proof.

"Therefore, TNB’s demand for every claimant to appear in court is completely redundant and unnecessary.

 "The fact that TNB lost the case in the High Court, Court of Appeal, and Federal Court proved clearly that the company’s negligence had resulted in the devastating flood in Bertam Valley, Cameron Highlands.

"As a listed company and GLC, TNB should exhibit social responsibility and moral conscience by respecting the court ruling, understanding the predicament of flood victims who wish to rebuild their homes, and compensating the victims for the damages without delay," he said.

In 2015, residents of Bertam Valley filed a civil suit against TNB over the flash floods. They won the suit in 2018 when the Kuala Lumpur High Suit found that the company was negligent for causing the floods.

The power company then lost its appeal in the Court of Appeal on Dec 11, 2018, where it sought to set aside the High Court decision.

Following this, TNB had filed an application with the Federal Court for leave to appeal in the lawsuit. The attempt also failed when the Federal Court dismissed TNB's application on Nov 12, 2019.

"Justice delayed is justice denied.

 "Years after the devastating tragedy happened, the victims and claimants are still waiting for TNB’s compensation to rebuild their homes, while some of the elder victims had already passed away.

"Hence, TNB should proactively cooperate with the victims’ lawyer M Manogaran to negotiate compensation for the caused damage, so that justice can finally be served," Chiong added.

Malaysiakini has contacted TNB for their response. - Mkini

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