This follows today’s Federal Court ruling dismissing TNB’s leave application to appeal against the Court of Appeal ruling last year.
A three-member bench chaired by Mohd Zawawi Salleh said there were no novel questions of law to be raised and the facts of the case were proven to be in favour of the plaintiffs.
Other members of the panel were Vernon Ong Lam Kiat and Abdul Rahman Sebli.
Lawyer M Manoharan, who appeared for the plaintiffs, said a High Court deputy registrar would now assess the quantum of damages to be awarded to his clients.
On Dec 11, the Court of Appeal upheld the High Court’s finding that TNB was liable for causing flash floods in the Bertam Valley in Cameron Highlands.
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 is now the chief justice.
On Oct 23, 2013, TNB released water from the dam three times resulting in the flooding of the Bertam Valley. Four people died and properties were damaged
The plaintiffs, also represented by MR Kumar, had sued TNB for negligence in managing the Ringlet reservoir at the Sultan Abu Bakar Dam, causing floods in the area that day.
Trial judge Nordin Hassan had held that the releasing 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 as the dam had begun operations in 1963.
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 the monsoon season,” he said.
The plaintiffs filed the suit in November 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 their statement of claim, they alleged that at 1am the same day, TNB again released water into Sungai Bertam, resulting in flooding in downstream areas of the river.
They said that more water was released by TNB into the river at 2.45am, resulting in floods which destroyed properties and claimed four lives.
The plaintiffs 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.