KUALA LUMPUR: The High Court here yesterday allowed an application by Malaysia Airlines Berhad (MAB) to strike out a negligence suit filed by the next-of-kin of 32 passengers on board Malaysia Airlines Flight MH370, which went missing en route to Beijing from Kuala Lumpur on March 8, 2014.
Judge Azizul Azmi Adnan, however, said he would give the judgement later.
With this ruling, MAB is no longer a defendant in the suit filed on March 3, 2016, by the the next-of-kin of the 32 passengers, comprising 76 plaintiffs as named in the suit, namely 66 Chinese nationals, eight Indian nationals and two Americans.
They had named MAB,
Director-General of the Department of Civil Aviation, the Malaysian Armed Forces (ATM) and the Malaysian government as the defendants.
The plaintiffs are the next-of-kin of 26 Chinese nationals, five Indian nationals
and an American who were among those on board the missing aircraft.
In the statement of claims, the plaintiffs claimed that the disappearance of MH370 and death of the 239 passengers and crew on board were due to the negligence of MAS.
They said MAS was, at all material times, responsible for handling and managing the flight and to ensure that the aircraft was air-worthy and it arrived safely at its destination.
In failing to do so, they claimed MAS had breached the contract it entered with the MH370 passengers.
The plaintiffs also stated that the disappearance of MH370 was due to the negligence of DCA, ATM and the government and claimed that they had all colluded in the operation and investigation, which resulted in the failure to detect the missing aircraft early, and also in hiding information on the missing aircraft from the public.
As a result of the wrong actions by the defendants, they claimed to have suffered losses and damage, loss of family love and caring, loss of financial support and suffer from emotional distress and trauma.
They are seeking, among others, special, general and aggravated damages, mourning expenses, interests and other relief deemed fit by the court. — Bernama