Justice Ahmad Shahrir Salleh delivered the ruling at the High Court in Seremban after assessing damages in the case, following earlier findings that TNB was negligent in the operation of the Sultan Abu Bakar dam.
The court awarded RM912,459.76 in special damages, RM30,000 in general damages for each plaintiff, and RM10,000 in exemplary damages for the surviving 83 plaintiffs.
Total damages amounted to RM4,742,459.76, with 5% annual interest from May 25, 2018 until the judgment sum is settled.
Shahrir said he noted the trial court’s decision that TNB was wholly liable and negligent in how the Sultan Abu Bakar dam was operated and maintained.
He said the damages also accounted for the pain, trauma, and suffering experienced by the victims.
“Exemplary damages were awarded as a punitive measure as the defendant failed to maintain the dam when they could have,” he said.
Lawyers Manogaran Marimuthu, Thulsi Manogaran, and Mooresh Kana Murthy appeared for the plaintiffs, while Alvin John represented TNB.
In 2018, the Court of Appeal upheld a High Court finding that TNB was liable in negligence, as the utility giant was responsible for maintaining the Sultan Abu Bakar dam.
The bench also ordered a Kuala Lumpur High Court judge to assess the quantum of damages to be awarded to the plaintiffs.
The following year, TNB headed to the Federal Court but failed to obtained leave to have a final appeal heard.
On Oct 23, 2013, TNB released water from the dam three times, resulting in floods in Bertam Valley. Property was damaged and four people died.
The High Court allowed the suit in 2018 after hearing witnesses from both sides.
Trial judge Nordin Hassan, now a Federal Court judge, held that TNB’s release of water was not a correct decision in the absence of an inflow measurement instrument.
He said he saw no reason for TNB not to be equipped with such an important instrument since the dam began its operations in 1963.
The judge also said the defendant had pinned the blame on deforestation, intensive agricultural practices, and the disposal of garbage as the cause of the problem.
The plaintiffs filed the suit on Nov 2, 2015, claiming that TNB released water without any warning from the dam to Sungai Bertam at 12.20am on Oct 23, 2013, following heavy rain the previous day.
In their 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 in opening 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.