LRT crash: 8 to present medical reports in negligence suit

Eight individuals will rely on medical reports to counter Rapid Rail Sdn Bhd and Prasarana Malaysia Bhd’s claims that the passengers were partly or wholly responsible for injuries sustained during the 2021 Kelana Jaya Light Rail Transit (LRT) crash.

In the eight plaintiffs’ reply to the two companies’ statement of defence against their negligence suit, they contended the medical specialist reports show the defendants’ negligence wholly caused their injuries.

“The plaintiffs will present medical reports and medical specialist reports to prove that the injuries were sustained due to the first (Rapid Rail) and second defendant (Prasarana).

“And the plaintiffs deny the defendents' negligence claims against them because the accident happened during peak hour, and it is the defendants’ responsibility to ensure the safety of the plaintiffs, who were also valid passengers of the defendants’ service,” the plaintiffs contended in the reply sighted by Malaysiakini.

Previously, The Vibes reported that the two companies, via their defence, claimed that not only were they not negligent but that the passengers may be partially or fully responsible for their injuries during the May 2021 crash.

Through the statement of defence filed at the High Court in Kuala Lumpur on April 5, Rapid Rail and Prasarana claimed that the plaintiffs were injured after: failing to stand or sit at the passenger-designated spot in the train; failing to grip the hand-holds (susur tangan), as well as negligently or allowing themselves to be injured.

Through law firm Vin Partnership, the eight individuals filed their reply on May 11. Counsel from law firm Azim, Tunku Farik & Wong represent Prasarana and Rapid Rail.

When contacted, a representative from the law firm acting for the defendants confirmed that the two companies have been served copies of the plaintiffs’ reply on April 18.

On March 9, the eight individuals filed the writ of summons against Rapid Rail and Prasarana for alleged negligence.

Bernama reported that the plaintiffs are Tengku Amalie Tengku Alauddin Shah, 47; Marvena Jitol, 28; Riezariel Haeqal, 23; Rozita Che Rus, 28; Ng Siow Nee, 36; Siti Nuraliah Hashim, 26; Nurul Athirah Mohd K Jabayee, 36; and Muhammad Firdaus Mohd Saleh, 35.

Through the statement of claim, the plaintiffs alleged they were physically and mentally healthy prior to the accident.

They claimed to be passengers on the Kelana Jaya LRT train before its collision with another train between the Kampung Baru LRT station and the KLCC LRT station, alleging that the crash resulted from the two defendants’ negligence.

The plaintiffs claimed they suffered physical injuries and other losses from the incident.

Seeking RM860k in damages

The plaintiffs also made reference to remarks on the crash by then Prasarana non-executive chairperson Tajuddin Abdul Rahman during a press conference after the crash.

The media previously reported that Tajuddin said the two trains “kissed each other”.

The plaintiffs are seeking over RM860,000 in special, general and exemplary damages, as well as five percent interest, costs and any other relief deemed fit by the court.

Bernama reported that in the accident at 8.45pm on May 24, 2021, a total of 47 train passengers were reported to be seriously injured, while 166 suffered minor injuries when a head-on collision occurred between a manually driven empty train and an automated train carrying passengers on the Kelana Jaya line between Kampung Baru and KLCC stations in Kuala Lumpur.

The lawsuit is set for case management before the civil court on Aug 11. - Mkini