Family of three MH370 passengers sue Malaysia Airlines

Kuala Lumpur: Family members of three passengers of the missing Malaysia Airlines flight MH370 are suing the airline and four others for breach of contract and negligence, the media reported on Friday.

The family is asking for public apology the airline, the Malaysian government and three others and for damages to be assessed for the loss of support as a result of the deaths of Tan Ah Meng, 46, and Chuang Hsiu Ling, 45, both directors of an engineering and construction company, the Malaysian Star reported.

On the same flight was the couple`s eldest son, Tan Wei Chew, 19. 

The plaintiffs are the two sons of the Tan and Chuang - Wei Hong, 15, and Tan Wei Jie, 13, Ah Meng`s parents Tan Hun Khong and Lai Chew Lai, and Hsiu Ling`s mother Chuang Hung Chien.

In the suit filed on August 28 and made available to media on Friday, the plaintiffs are also claiming for general damages, aggravated and exemplary damages, bereavement and further relief deemed fit by the court.

Their lawyer, Sangeet Kaur Deo said the suit is fixed for case management before High Court deputy registrar Norfauzani Mohd Nordin on October 5.

They said first defendant Malaysia Airlines had entered into a contract with the deceased when they purchased their air tickets for the flight but claimed that the airline company had breached its obligations to them.

They said the airline also breached its duty of care in providing the flight service.

Among others, the children said they have lost their parents and older sibling resulting in them becoming orphans overnight, and suffered loss of financial support, loss of parental love and affection, loss of family stability and parental guidance, and irreparable psychological damage and trauma.

They have named Malaysia Airlines System Bhd, Malaysia Airlines Bhd, the Department Civil Aviation (DCA) director-general, Royal Malaysian Air Force chief and the government as defendants.

In the statement of claim, they said the DCA director-general was responsible for the provision of air traffic services for the safe and efficient conduct of flights within Malaysian airspace and had breached the related duty. 

The air force chief, the suit said, owed a duty to investigate and verify any unusual, unidentified, unmarked and unaccounted for aircraft appearing on its radars and had failed in the duty.

The suit said the government was liable for the acts of other defendants who were said negligent in discharging in their duties in the course of their employment and it also failed in its duty to manage the disappearance of the aircraft with due care, respect, transparency and accountability, causing further trauma and pain.

DCA director-general Azharuddin Abdul Rahman announced on January 29 on behalf of the government that the families of those onboard Malaysia Airlines Flight MH370 can move forward to seek compensation now that the aircraft`s disappearance has been officially declared as an accident with all 239 passengers and crew presumed dead.

The aircraft took off from Kuala Lumpur on March 8, 2014, to Beijing. It lost contact shortly after take-off and has never been found till date.