Family of seven MH17 passengers file suit against MAS

  • Nation
  • Friday, 15 Jul 2016

Dancers perform during the commemoration ceremony for the victims of Malaysia Airlines MH17 plane crash in eastern Ukraine in the Netherlands, 17 July 2015. - EPA

KUALA LUMPUR: The next-of-kin of seven passengers of the ill-fated Flight MH17 have filed a civil suit against Malaysia Airlines (MAS) for alleged breach of contract and negligence.

The 11 plaintiffs filed the suit on behalf of four Indonesians and three Dutch nationals at the High Court registry here Friday.

Counsel Datuk Dr S. Arunan declined to reveal the names of the plaintiffs and the deceased.

He said the deceased were aged between two and 74.

In the statement of claim, they named MAS as the defendant.

They alleged MAS flight MH17 to Kuala Lumpur from Amsterdam was flying over a conflict zone in eastern Ukraine at the material time.

The next-of-kin claimed that the passengers were travelling under a contract of carriage governed by and regulated under the Montreal Convention 1999.

They said the fare-paying passengers were killed when the plane crashed near Hrabove, in the eastern part of Ukraine, on July 17, 2014.

They said they had obtained consent of administration as required by the Malaysia Airline System Bhd (Administration) Act 2015 to file the suit.

The plaintiffs are seeking monetary damages (general damages to be assessed), special damages, costs, interest and further relief as the court deems fit.

Meanwhile, counsel Shailender Bhar, who acted for 30 plaintiffs, filed eight suits involving eight MH17 victims – two passengers and six cabin crew members.

He said the suit alleged breach of contract, negligence and breach of statutory duties by MAS.

Shailender said his clients are claiming, among others, for loss of support, loss of contribution from the employer and loss of medical benefits.

He said the names of the plaintiffs could not be disclosed.

A total of 283 passengers and 15 crewmembers were killed in the MH17 crash.

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