First MH370 suit settled out of court, lawyers say

(From left) Sudesh Kumar, Arunan Selvaraj and Gary Edward Chong, lawyers in the MH370 suit against MAS and the Malaysian government speak to the media after an out-of-court settlement was reached.
(From left) Sudesh Kumar, Arunan Selvaraj and Gary Edward Chong, lawyers in the MH370 suit against MAS and the Malaysian government speak to the media after an out-of-court settlement was reached.

KUALA LUMPUR, June 2 — The lawsuit filed against Malaysia Airline (MAS) and Putrajaya by two boys whose father was on board Flight MH370 was settled out of court today, their lawyers said.

According to Datuk Dr Arunan Selvaraj, who is representing the two boys in the lawsuit, the decision was made in chambers after judge Datuk Rosnani Saub spoke with the boys’ mother today.

“The matter has been settled; as you’ve read, MH370 had disappeared in a mysterious way but in January the authorities have declared it an accident and also the authorities have assured the next of kin that they would be compensated fairly.

“Our client, having considered her rights and legal position, has decided to accept the court compensation and move on with her life,” he said referring to the teenage boy’s mother.

The court also decided that the plaintiffs will not have the liberty to file fresh action on the same matter, he added.

Arunan refused to reveal any details on the compensation, however, whether it was in addition to the compensation for the next-of-kin for others on board the missing plane, the amount, or which respondents will be making the payment.

The Department of Civil Aviation (DCA), the Immigration Department, and the Royal Malaysia Air Force were also named as respondents in the suit.

Flight MH370 disappeared on March 8 last year with 239 people on board, dropping off radar coverage not long after taking off from the Kuala Lumpur International Airport for Beijing.

On January 29, Malaysia officially declared the disappearance of MH370 an “accident” and its passengers and crew deceased, less than 11 months after the ill-fated jetliner’s mysterious disappearance.

The declaration was made by the DCA pursuant to International Civil Aviation Organisation’s Chicago Convention, allowing the family members of the 239 passengers on board to proceed with their claim for damages.

Until today, not a single trace from the plane or the people on board has been found, despite an extensive international that is still ongoing off Australian waters.