Prasarana Malaysia Bhd (Prasarana) and Rapid Rail Sdn Bhd (Rapid Rail) have denied allegations of negligence over the Kelana Jaya Line LRT crash in 2021 which left 47 commuters seriously injured. In the accident 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 driverless train carrying passengers on the Kelana Jaya Line between the Kampung Baru and KLCC stations.
The statement by Prasarana and Rapid Rail was in response to a lawsuit filed by eight commuters who alleged the defendants’ negligence had resulted in injuries they sustained in the crash. This was reported by The Vibes. Though both companies admitted that a crash did occur, however the claims of negligence by the plaintiffs must be proven with “concrete evidence”.
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Prasarana and Rapid Rail said that the injuries suffered by the eight plaintiffs were “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 companies were quoted as saying.
Prasarana and Rapid Rail went on to request that the court strike out the claims. In a statement of reply, the eight said they will furnish medical reports to back their claims that the injuries they suffered were caused by Prasarana and Rapid Rail’s negligence. The commuters also dismissed the claim that they were negligent and brought the injuries upon themselves, saying that Prasarana and Rapid Rail were responsible for the safety of passengers.
In the suit filed in March, the plaintiffs said they were physically and mentally healthy prior to the incident. All of them claimed to have suffered physical injuries and other losses as a result of the crash. They are seeking more than RM860,000 in special, general and exemplary damages, as well as 5% interest, costs and other relief deemed fit by the court.
How do we get people to travel on trains when the operator is not responsible for its operations? It is like having food in a good restaurant but if you get a tummy ache, the restaurant or cook was not held responsible? Or, like the Minister of Education in the Democratic Republic of Congo who said he impregnated his deputy by accident?
Perhaps we should buy the “kiss” train insurance for travel on our trains?
Reference:
Prasarana, Rapid deny negligence in May 2021 LRT crash, FMT, 29 May 2023
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