
In delivering his verdict, magistrate Amin Rasidi Ramli said the defendant, Syahu Hidayah Mohamad, was negligent and had breached the duty of care owed to the utility company.
He said TNB had notified the contractor in writing about the underground cables and instructed him to exercise caution during the digging works.
“The defendant’s actions in continuing the (digging) works in the area showed his negligence and a breach of the duty of care to the plaintiff,” Amin said.
“The court has a duty to ensure that the aggrieved party is entitled to receive justice (for losses suffered).”
Amin then ordered Syahu to pay TNB RM59,947.58 in damages.
TNB discovered the damage after complaints from residents about power disruptions.
The utility company also said Syahu had not sought permission before proceeding with the works, prompting it to file the lawsuit for damages to the cables.