Court: TNB negligent for causing Bertam Valley floods

PUTRAJAYA: Tenaga Nasional Bhd (TNB) lost its appeal to set aside a High Court decision which found the company negligent for causing floods in Bertam Valley, Cameron Highlands, in 2013, that claimed four lives.

TNB’s appeal was unanimously dismissed by the Court of Appeal three-man panel led by Justice Tengku Maimun Tuan Mat, who presided with Mary Lim Thiam Suan and Hasnah Mohammed Hashim.

Tengku Maimun said the court found that there was sufficient evidence of negligence on TNB’s part as it had failed to maintain the dam.

She ordered assessment of damages to be conducted by the High Court judge and for TNB to pay RM20,000 in costs.

Tengku Maimun, who was promoted to Federal Court judge on Oct 24, had heard the appeal two days earlier when she was a Court of Appeal judge.

The matter resumed hearing yesterday and for decision.

The panel upheld a High Court’s decision on May 25 this year in a lawsuit brought by 100 Bertam Valley residents which had ruled that TNB was liable for causing flash floods in the area.

The residents sued TNB for negligence in managing the Ringlet reservoir at the Sultan Abu Bakar Dam which caused floods in the area in October 2013. In the suit filed on Nov 2, 2015, the residents claimed that TNB had released water from the dam to Sungai Bertam at 12.20am on October 23, 2013, following heavy rain the day before without any warning.

In their statement of claim, they alleged that on the same day at 1am, TNB again released water to Sungai Bertam, causing floods in areas downstream.

The residents alleged that more water was released by TNB at 2.45am the same day, resulting in floods which destroyed properties and claimed four lives.

TNB was represented by lawyer R. Harikannan while lawyer M. Manogaran represented the residents.