Bukit Antarabangsa landslide: Deceased's husband, two others sue developer, Syabas

KUALA LUMPUR: The family of a veterinarian who was killed during a landslide at Taman Bukit Mewah, Bukit Antarabangsa in Ampang, two years ago, has filed a negligence suit amounting to RM1.73 million against the developer of the housing area and a water supply company.

Two other residents of the housing area, businessman Datuk Amanullah Mohamed Yusoof and house owner Harveen Kaur Balbhir Singh, also filed negligence suits against Superview Development Sdn Bhd and Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) at the High Court here on Wednesday Sept 8.

They are seeking losses to their properties due to the first defendant's alleged failure to take any adequate steps to prevent landslides, while the second defendant was said to have failed to maintain active waterpipes in and
surrounding the slope.

The plaintiffs filed the suits via Messers Affendi Zahari at the High Court Civil Registry here. In the incident on Dec 6, 2008, veterinarian Dr Yogeswari Narayanan, 39, died in the tragedy along with student Shaiful Khas Shahrudin, 20, accountant Eng Yee Peng, 30, Indonesian maid Surinah, in her 30s, and a Sri Lankan maid in her
early 50's.

As many as 14 bungalows were destroyed or damaged in the landslide which occurred about 4am on Dec 6, cutting off the main access road to several housing areas in Bukit Antarabangsa.

In the first suit, Dr Yogeswari's husband, K. Thanarajah, 42, named their three children, Thivesh, 12, Avinesh, 13, and Priyankka, five, as plaintiffs. He also named his engineering firm -- C & S Engineering Management Sdn Bhd -- whereby, two cars belonging to the firm were totally damaged in the incident.

Thanarajah is seeking special damages where plaintiffs as dependents of the deceased had loss of contribution of RM3,500 per month which amounts to RM315,000. He is also seeking costs of RM124,800 for hiring a maid for Priyankka until she reaches the age of 16.

The first plaintif, as an executor of the estates of the deceased, is seeking RM150,000 and RM1.72 million in his personal capacity. For fifth plaintif, damages sought are RM350,000 for Mercedes Benz and Volvo cars belonging to the engineering firm in which Thanarajah was director.

In his statement of claim, plaintiffs said that first defendant had a statutory duty in ensuring the design, suspension, construction and maintenance on the land were in accordance to proper engineering practice and building the slope or undertaking earth works, according to Section 71 of of the Street,Drainage and Building Act, 1974.

The second defendant had statutory duty to owners and occupiers to design, construct, maintain and lay active water pipes in a safe manner and ensure no leak or cause water to saturate the slope at the surrounding area. The plaintiffs contend that both defendants are jointly liable for causing and contributing to the landslide.

In the second suit, Amanullah named the same developer and Syabas, seeking special damages, especially loss to his property and other household items amounting to RM1.6 million. Meanwhile, Harveen Kaur sought RM2.2 million in special damages, mainly as losses to her property. In their statements of claim, both Amanullah and Harveen Kaur had stated
similar grounds as first suit. - Bernama