KUALA LUMPUR, Feb 25 — Five family members of a passenger onboard then Malaysian Airline System Berhad's (MAS) Flight MH370 today sued the airline and eight others for over RM32.4 million in compensation.
Lawyer Shailender Bhar said the negligence suit by the MH370 passenger S. Puspanathan’s next-of-kin is also against the Department of Civil Aviation (DCA), the Immigration Department and the Royal Malaysian Air Force (RMAF).
The lawyer said his clients had previously written to these three government departments to seek information, but have yet to receive replies.
“All this while actually they have been waiting for answers and the discovery… for the plane to be found, none of that has been forthcoming so far.
“So we have advised them perhaps there is no choice now, no point waiting any longer, there's only two weeks left, the expiry is going to be on March 7, so they should file as soon as possible, so that's why they have given us instructions to file immediately,” he said when explaining the timing of the suit.
The filing of today's suit is just about two weeks before the expiry of a two-year deadline for families to file for claims for the loss of their loved ones on the March 8, 2014, flight.
The suit claimed that the DCA had failed to name the staff members who were manning its civilian radars on March 7 and 8, 2014, while the RMAF similarly failed to provide the names of those manning the military radars on the same days.
The Immigration Department of Malaysia also failed to name its officers at the immigration counters that allowed MH370 passengers with stolen passports to officially access and travel through Malaysia, the suit said.
The suit filed by the widow of MH370 passenger S. Puspanathan and estate administrator Sri Devi Kanan said the deceased, who was 33-years-old during the ill-fated flight, was said to be in good health at the time.
It added that Puspanathan was earning RM14,460 a month and was on a high-achieving career path, apart from being the sole breadwinner of his family.
In listing the particulars of over RM16.1 million for housewife Sri Devi and her two toddlers now aged three and five years, the statement of claim included over RM1.9 million for loss of financial support, RM750,000 for the loss of the services of a husband and father, and RM1 million for loss of the husband's companionship.
The breakdown of the 32-year-old and her two children's claim include RM1 million for loss of prospect of remarriage, and RM3 million for the latter two's traumatic psychiatric injury.
Puspanathan's parents G. Subramaniam and A. Amirathan, both aged 62, claimed close to RM9.3 million for themselves, including RM2 million for traumatic psychiatric injury and RM198,000 in loss of financial support.
Besides claiming a total of over RM25.4 million for themselves, the five also sought at least RM7 million for the deceased Puspanathan - including RM1 million for the “pre-impact terror, pain and suffering and injuries” that he suffered, RM1 million and RM5 million for aggravated damages and exemplary damages.
The five sought a total compensation of over RM32 million from all defendants, to be paid either jointly or severally for Puspanathan's death.
The nine defendants include MAS which is under administration, Malaysia Airlines Berhad, Department of Civil Aviation (DCA) director-general Datuk Seri Azharuddin Abdul Rahman, DCA, Immigration Department of Malaysia then director-general Datuk Aloyah Mamat and the department itself.
The Royal Malaysian Air Force then General Tan Sri Rodzali Daud, the air force and the government of Malaysia were also named as defendants.
On January 29, 2015, Malaysia said that Flight MH370 was declared an accident under international aviation regulations, and all 239 people on board the flight were presumed dead.
*A previous version of this story wrongly reported the lawsuit as RM25m and the error has since been corrected.