A three-member bench chaired by Tengku Maimun Tuan Mat said the utility giant was responsible for maintaining the Sultan Abu Bakar Dam.
“TNB cannot hold others responsible as they are the owners and operators of the dam,” said Tengku Maimun, who sat with justices Mary Lim and Hasnah Mohammed Hashim.
The bench also ordered a Kuala Lumpur High Court judge to assess the quantum of damages to be awarded to the 100 plaintiffs who brought the negligence action against TNB.
Tengku Maimun, who was elevated to the Federal Court two weeks ago, also awarded RM20,000 in costs to the plaintiffs.
On Oct 23, 2013, TNB released water from the dam three times which resulted in Bertam Valley being flooded. Property was damaged and four people died.
In May, justice Nordin Hassan allowed the suit after hearing witnesses from the plaintiffs and the defendant.
“The court finds that the defendant is liable for the flood that caused destruction to the plaintiffs’ properties and loss of lives,” he said.
He also ordered TNB to pay costs of RM50,000 to the plaintiffs who were residents comprising farmers and traders.
The plaintiffs had sued TNB for negligence in managing the Ringlet reservoir at the Sultan Abu Bakar Dam, causing floods in the area in October 2013.
Nordin held that the release of water by TNB was not a correct decision in the absence of the inflow measurement instrument.
He said the court did not see any reason for TNB not to be equipped with such an important instrument since the dam began its operations in 1963.
“To me, this instrument should have been installed at the very beginning of its operations to assist in maintaining the appropriate water level at the dam and to ensure the volume of the water to be released if necessary,” he said.
The judge also said the defendant had pinned the blame on deforestation, intensive agricultural practices and disposal of garbage as the cause of the problem.
“It is undeniable that those activities contribute to the problem of sedimentation and the release of rubbish in the reservoir, but it is the defendant’s responsibility to take all necessary measures to maintain the water level at the dam at a safe level, particularly during monsoon season.”
The plaintiffs, who were represented by counsel M Manogaran and MR Kumar, filed the suit on Nov 2, 2015, claiming that TNB released water from the dam to Sungai Bertam at 12.20am on Oct 23, 2013, following heavy rains the previous day without any warning.
In the statement of claim, the plaintiffs alleged that at 1am the same day, TNB again released water into Sungai Bertam, resulting in flooding in downstream areas of the river.
At 2.45am the same day, they said, more water was released by TNB into the river, resulting in floods which destroyed properties and claimed four lives.
They said TNB had acted negligently when it opened the spillway at the dam three consecutive times without giving any warning to residents and that they did not have time to evacuate and move their belongings to higher ground.