MH17: Families of six crew members file suit against Malaysian Airlines
Suganthi Suparmaniam
June 2, 2016 15:48 MYT
June 2, 2016 15:48 MYT
All 298 passengers and crew died when the Boeing 777 was hit by a Russian-made BUK anti-aircraft missile over war-torn eastern Ukraine on July 17, 2014.
The families of six Malaysia Airlines (MAS) crew members who were on board of flight MH17 have today filed a suit in the High Court of Malaya at Kuala Lumpur against MAS and Malaysia Airlines Berhad (MAB) for negligence and breach.
The suit was filed via Messrs. Thomas Philip.
The seven crew members who were onboard the ill-fated plane are Mohd Ghafar Abu Bakar (in-flight supervisor), Lee Hui Pin (leading flight stewardess), flight attendants Chong Yee Pheng, Hamfazlin Sham Mohamed Arifin, Nur Shazana Mohamed Salleh and Sanjid Singh Sandhu Jijar Singh.
The counsel for the families, Mathew Thomas Philip of Messrs. Thomas Philip said they are relieved to have finally received consent to pursue justice for the families.
“As the operating carrier of flight MH17, MAS was responsible for the safe operation of the flight and the safety of all the occupants on board. They failed to fulfil these duties resulting in catastrophic loss of life,” he said in a press statement today.
“The families have suffered incredible loss and we intend to utilise the full extent of the law to ensure their years of suffering are not forgotten,” he added.
The families are contending that MAS was in breach of contract for failing to ensure the safety, health and well-being of the flight crew.
They are also asserting that MAS was negligent for failing to conduct adequate risk assessment and for charting a course which flew through a known conflict zone posing an unreasonable risk of harm and death to the crew, among others.
The families are also seeking for general damages including the loss of support and services, damages for pain and suffering, as well as damages for traumatic psychiatric injury, nervous shock and post-traumatic stress disorder, among others.
The claim is being brought under the Carriage by Air Act 1974, the Montreal Convention 1999 and the Civil Law Act 1956.
All 298 passengers and crew died when the Boeing 777 was hit by a Russian-made BUK anti-aircraft missile over war-torn eastern Ukraine on July 17, 2014.