Court of Appeal upholds ruling on TNB's negligence in causing floods

A three-member Court of Appeal bench has today upheld the Kuala Lumpur High Court decision that ruled Tenaga Nasional Bhd (TNB) was negligent in causing the floods in Cameron Highlands five years ago.

The appellate court also ordered TNB to pay costs of RM20,000 to the affected residents.

The panel comprised Federal Court judge Tengku Maimun Tuan Mat and Court of Appeal judges Justice Mary Lim and Justice Hasnah Mohamed Hashim. Tengku Maimun led the panel.

Lawyer M Manoharan said the panel upheld the High Court ruling that TNB was responsible for maintaining the Sultan Abu Bakar hydroelectric dam.

They added that TNB can't hold other parties responsible for the flood as it is the owner and operator of the dam.

Manoharan is representing the 100 residents who sued TNB over the deluge.

Previously, Justice Nordin Hassan found TNB negligent in releasing water that caused the floods and consequent damage.

This happened because TNB had only installed a water inflow measurement instrument at the dam after the incident. The dam was built in 1963.

The flooding resulted in four deaths and the destruction of properties in the Bertam Valley.

Residents said TNB failed to give ample or effective warning before releasing the water into the Bertam River three times and consequently, into the Bertam Valley.

The water was released at 12.20am, 1am and 2.45am on the night of Oct 23, 2013.

Justice Nordin had previously ordered an assessment of the damages to be done by the deputy registrar of the High Court. -Mkini

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