JOHOR BARU – Prasarana Malaysia Bhd (Prasarana) and Rapid Rail Sdn Bhd (Rapid Rail) have suggested that victims may be partially or entirely responsible for their injuries sustained during the Kelana Jaya LRT crash that occurred in May 2021.
Named as defendants in a suit filed by eight plaintiffs at the Kuala Lumpur High Court, Prasarana and Rapid Rail only briefly admitted that a crash did occur.
However, although the plaintiffs claimed that the crash occurred because of Prasarana and Rapid Rail’s negligence, both companies denied the allegations and asserted such claims must be proven with strong evidence.
In addition to denying negligence on their part, both companies also suggested that the plaintiffs sustained injuries after failing to stand or sit at the appropriate place in the train, not holding the straphangers, and allowing themselves to be injured.
“Additionally and/or in the alternative, the defendants plead that the injuries suffered by the plaintiffs (which must be proven with concrete evidence) is caused wholly and/or in the alternative partially by the negligence of the plaintiffs in all material times.
“Failing to stand or sit at the locations designated for passengers, failing to hold the straphangers provided by the defendants, with negligence and/or purposely caused and/or allowed themselves to experience the injuries to which they have claimed,” the statement of defence read.
Both Prasarana and Rapid Rail have requested that the court strike out the statement of claim by the plaintiffs.
Responding to the companies’ denials, the plaintiffs said in their reply that they will present medical reports as evidence to support their claims that the injuries suffered were indeed caused by Prasarana and Rapid Rail’s negligence.
Additionally, the plaintiffs also refuted the defendants claims that they were negligent and brought upon the injuries onto themselves, given that Prasarana and Rapid Rail are responsible for their passengers’ safety.
“The plaintiffs deny the details of negligence pleaded by the defence because the accident happened during peak hours, and it is the responsibility of the defendants to ensure the plaintiffs’ safety,” the statement of reply said.
The suit was filed by Tengku Amalie Alauddin Shah, Marvena Jitol, Riezariel Haeqal, Rozita Che Rus, Ng Siow Nee, Siti Nuralliah Hashim, Nurul Athirah Mohd K. Jayabee and Muhammad Firdaus Bin Mohd Saleh on March 9.
All of the individuals were LRT passengers who claimed that they boarded the train at the KLCC station around 8pm on May 24, 2021.
All plaintiffs assert they were physically and mentally healthy prior to the accident.
In the suit, all eight individuals claimed physical injuries and other losses as a result of the crash.
Some of the injuries experienced by the victims included lacerations on the head, broken teeth, concussions, and depression, among others.
All plaintiffs are seeking both general and special damages from the court.
However, the total amount claimed against both companies has yet to be quantified, as the plaintiffs are seeking the court’s guidance on quantifying certain claims. – The Vibes, May 29, 2023
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