KUALA LUMPUR — June 2, 2016: The next of kin of six (MAS) crew on boardthe ill-fated Flight MH17 today sued Malaysia Airline System (MAS) and Malaysia Airport Berhad (MAB) for negligence and breach of contract over the loss of their relatives during the flight from Amsterdam to here on July 17, 2014.
The next-of-kin of Shazana Mohamed Salleh, Hamfazlin Sham Mohamed Arifin, Sanjid Singh Sandhu, Mohd. Ghafar Abu Bakar, Lee Hui Pin and Chong Yee Pheng filed the suit through the legal firm of Messrs. Thomas Philip at the high court civil registry here.
MAS and MAB were named the first and second defendants respectively.
According to the statement of claims, the plaintiffs stated that MAS was negligent in executing Flight MH17 over an area known to be under armed conflict which posed risks of harm and death to those onboard. They further claimed that the aircraft was flying less than 1,000 feet below the mid-cruise height.
The plaintiffs also claim that MAS had negligently dispatched and executed flight MH17 in the northern most part of the Ukraine commercial flight corridor, did not have any risk management system and failed to take into account the instability of the flight.
Another issue is that MAS was in breach of contract for failing to ensure the safety, health and welfare of the flight crew, as well as failed to conduct adequate risk assessment training for personnel, flight crew and operational staff.
They contend that MAS and MAB are responsible for the death of the crew under the Carriage By Air Act, the Montreal Convention 1999 and/or Civil Law Act and are seeking general damages for their pain and suffering.
They are seeking damages for traumatic psychiatric injury, nervous shock and post-traumatic stress disorder, as well as aggravated and exemplary damages, interests, cost and other relief deemed fit by the court.
Flight MH17, with 298 passengers and crew on board, crashed in eastern Ukraine near the Russia border. The aircraft was believed to have been shot down but until today no one has be held responsible. — Bernama