Malaysia Airlines succeeds in bid to strike out MH370 suit


Malaysia Airlines flight MH370 went missing en route to Beijing from Kuala Lumpur on March 8, 2014 with 239 passengers and crew members on board. – EPA pic, October 30, 2018.

THE Kuala Lumpur High Court today allowed an application by Malaysia Airlines Bhd (MAB) to strike out a negligence suit filed by the next of kin of 32 passengers on board flight MH370, which went missing en route to Beijing from Kuala Lumpur on March 8, 2014.

Justice Azizul Azmi Adnan said he will make his judgment later.

With today’s ruling, MAB is no longer a defendant in the suit filed on March 3, 2016, by 76 plaintiffs. They comprise 66 Chinese nationals, eight Indian nationals and two Americans, who are family members of 26 Chinese nationals, five Indian nationals and an American on the ill-fated flight.

The plaintiffs had named MAB, the director-general of the Department of Civil Aviation (DCA), armed forces and government as the defendants.

In their statement of claim, the plaintiffs said the disappearance of MH370 and deaths of the 239 people on board were due to negligence on the part of the airline.

They said the airline was responsible for handling and managing the flight, and ensuring the aircraft’s airworthiness and its safe arrival at its destination.

In its failure to do so, they said, the national carrier breached the contract it entered into with the passengers of MH370.

The plaintiffs said the aircraft’s disappearance was also due to negligence on the part of DCA, the armed forces and government, and that the said parties had colluded in the investigation into the matter, resulting in the failure to detect the missing aircraft early.

These parties also kept information on MH370 from the public, they said.

As a result of the defendants’ actions, the plaintiffs said, they suffered the loss of their loved ones and financial support, and experienced trauma.

They are seeking, among others, special, general and aggravated damages, mourning expenses, interests and other relief deemed fit by the court. – Bernama, October 30, 2018.


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