KUALA LUMPUR: After a seven-year wait a former AirAsia flight attendant was awarded RM44,164 in general and special damages.

Balkhis Abu Bakar, 48, of Nilai, Negri Sembilan, was happy with the decision by Sessions Court judge Latifah Mohd Tahar yesterday.

The judge also awarded her interest at eight per cent for the general damages from the date the suit was filed, and interest at four per cent on the special damages from the date of the accident - March 13, 2001.

"Although I had doubts about winning the case, especially having to wait for seven years, I am glad it is all over," she said.

Balkhis, who was accompanied by her 50-year-old husband, Md Tahir Omar, said: "I am happy with the decision."
Balkhis had sued AirAsia following the accident while she was on her way to Terminal 3 Sultan Abdul Aziz Shah Airport in Subang. She was in a coach provided by her employer, AirAsia, when the bus braked abruptly.

Balkhis, a mother of five, who was thrown forward from the seat, suffered injuries to the spine and neck.

She was then employed on a contract basis, handling passengers heading to Jeddah.

In her statement of claim, she said her injuries were due to the negligence of AirAsia and/or their workers, especially the bus driver.

Latifah awarded Balkhis RM36,000 in general damages and RM8,164 in special damages.

AirAsia in its statement of defence contended that it exercised the care that was expected of a reasonable employer in providing transportation services for its personnel to their workplace.

It claimed it had appointed a competent sub-contractor, Sze Tho Enterprise, to facilitate transportation using fit, adequate, proper and licensed vehicles.

While AirAsia was named defendant, Sze Tho, a provider of luxury coach transportation service, and Kurnia Insurans (M) Bhd, insurers of the coach, were named as third parties.

AirAsia also contended that Sze Tho had engaged competent drivers and denied that the injuries sustained by Balkhis were because of negligence on AirAsia and Sze Tho's part.

Balkhis was represented by Nicholas Netto.