EIGHT individuals involved in the 2021 Kelana Jaya Light Rail Transit (LRT) crash are preparing to present medical reports as evidence to dispute the claims made by Rapid Rail Sdn Bhd (Rapid Rail) and Prasarana Malaysia Bhd (Prasarana).
The two companies stated in their defence that the passengers bore partial or full responsibility for the injuries sustained during the incident.
In response to the companies’ statement of defense, the eight plaintiffs submitted their reply, asserting that the medical specialist reports clearly demonstrate that their injuries were solely caused by the negligence of the defendants.
These medical reports will serve as crucial evidence in their negligence lawsuit against Rapid Rail and Prasarana.
“The plaintiffs will present medical reports and medical specialist reports to prove that the injuries were sustained due to the first (Rapid Rail) and second defendant (Prasarana).
“And the plaintiffs deny the negligence details pleaded by the defendants because the accident happened during peak hour, and it is the defendants’ responsibility to ensure the safety of the plaintiffs, who were also valid passengers of the defendants’ service,” the plaintiffs contended in the reply sighted by Malaysiakini.
Previously, The Vibes reported that the two companies via their defence claimed that not only were they not negligent but that the passengers may be partially or fully responsible for their injuries during the May 2021 crash.
They further claimed that the plaintiffs’ injuries were a result of their failure to adhere to safety measures such as not standing or sitting at designated spots in the train and not holding on to handholds. The companies alleged that the plaintiffs negligently allowed themselves to be injured.
Through the law firm Vin Partnership, the eight individuals filed their reply on May 11. Counsel from the law firm Azim, Tunku Farik & Wong represent Prasarana and Rapid Rail. The defendants’ law firm confirmed that they received copies of the plaintiffs’ reply on April 18.
Moreover, the eight individuals initiated legal action against Rapid Rail and Prasarana for alleged negligence by filing a writ of summons on March 9.
Through the statement of claim, the plaintiffs alleged they were physically and mentally healthy prior to the accident.
Furthermore, they claimed to be passengers on the Kelana Jaya LRT train before its collision with another train between the Kampung Baru LRT station and the KLCC LRT station, alleging that the crash resulted from the two defendants’ negligence.
The plaintiffs further noted they suffered physical injuries and other losses from the incident.
Plaintiffs seeking compensation amounting to RM860k
The plaintiffs also pointed out the comments made by former Prasarana non-executive chairperson Datuk Seri Tajuddin Abdul Rahman during a press conference following the crash, where he stated that the two trains had “kissed each other”.
In their legal action, the plaintiffs are requesting compensation of over RM860,000 in special, general and exemplary damages. They also seek 5% interest, costs and any other appropriate relief as determined by the court.
Bernama reported that in the accident at 8.45pm on May 24, 2021, a total of 47 train passengers were reported to be seriously injured, while 166 suffered minor injuries when a head-on collision occurred between a manually driven empty train and an automated train carrying passengers on the Kelana Jaya line between Kampung Baru and KLCC stations in Kuala Lumpur.
The lawsuit is set for case management before the civil court on Aug 11. – July 13, 2023