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76 family members file suit against MAS and four others

KUALA LUMPUR: A total of 76 next-of-kin of the passengers on board missing MH370 flight filed a suit against Malaysian Airlines System Bhd (MAS) and four others over the disappearance of the flight and their family members.

The plaintiffs who are from the United States, China and India launched the legal action at the High Court Registry here through Messrs Tommy Thomas on Friday for negligence in a bid to seek compensation.

The 76 plaintiffs who were the family members of 32 passengers had also named Malaysia Airlines Bhd (MAB), Director-General of the Civil Aviation department, Royal Malaysian Airforce (RMAF) and the government as defendants in their suit.

They claimed that the negligence on the defendant's part resulted in lack of finality and closure causing them unprecedented emotional and physical pain, distress and mental sufferings.

The plaintiffs also claimed that MAS and MAB were in breach of contract and statutory duty.

They contended that MAS as the owner and operator of MH370 was responsible for the airworthiness of the flight and safety of all the passengers and crew on board.

They also claimed that DCA, RMAF and the government had conspired with each other in conducting operations and investigations in a negligent manner depriving any possible chance of a successful rescue.

Apart from that, the plaintiffs contended that the defendants had dishonestly concealed information relevant to the disappearance of the flight by deliberately omitting information and making untrue and dishonest statement to the press as to the actions taken to track MH370.

Therefore, they are seeking special, general and aggravated damages as well as bereavement among others.

The plaintiffs' counsel N. Ganesan said American attorneys from the Podhurst Orseck firm based in Miami, Florida who have represented the plaintiffs in this matter from inception, will join them to conduct the case.

"We hope that they will not apply to strike out the suit on technical grounds and give our clients a fair trial," he said.

Meanwhile, three more suits was filed here today against the same defendants through Messrs Karpal Singh & Co.

Counsel Sangeet Kaur Deo who represented the three families; one Malaysian, two Iranians said her clients are seeking for unspecified damages.

To date, 20 legal actions had been filed against MAS over the incident.

According to the Montreal Convention 1999, a two-year limitation period was set for the next-of-kin to file their claims over the incident. The deadline is March 8.

Flight MH370 disappeared on March 8, 2014, en route from Kuala Lumpur to Beijing with a total of 239 passengers on board, most of them Chinese nationals.

Malaysian and French authorities said last year that an aircraft flaperon found on the French Indian Ocean island of La Reunion belonged to the missing plane.

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