The aftermath of a mudslide in Bertam Valley in Cameron Highlands is seen in this picture. — File pic

KUALA LUMPUR, Nov 2 — Victims of a 2013 flood in Cameron Highlands, Pahang initiated today a multi-million negligence lawsuit against electricity producer Tenaga Nasional Berhad (TNB) for allegedly causing the disaster.

M Manogaran, the lawyer representing the 100 victims that had filed the case, claimed that TNB had acted negligently when it opened the spillway gates of the Sultan Abu Bakar dam thrice in the wee hours of October 23, 2013 without sufficient warning to those living in the Bertam Valley.

The residents of Bertam Valley did not have enough time to move to safety and suffered property damages, while four lives were also lost during the resulting flood, he said.

“As far as we are concerned, the Sultan Abu Bakar dam is actually a very safe dam. If you manage the dam properly, clean it up, stop the rubbish and debris from accumulating, the dam is one of the best-designed dams in the region,” he told reporters here after filing the lawsuit atDuta Court Complex here.

TNB as the dam owner and operator should have known that there would be a real danger if the hydroelectricity dam — which together with the Ringlet reservoir can hold five million cubic metres of water — was not managed properly, he said.

The power producer should have monitored the water levels of the dam closely since October was a rainy period and released water gradually and safely instead of letting it build up and releasing it in a panic, he said.

“In other words, there was no danger where Bertam Valley and the dam is concerned, TNB through their negligence and recklessness created the danger,” claimed Manogaran, who is also DAP Pahang deputy chairman.

Manogaran said the 100 residents are seeking special damages of over RM2 million, general damages, aggravated damages and exemplary damages.

During the press conference, DAP Pahang chairman and Tanah Rata assemblyman Leong Ngah Ngah, DAP Pahang vice chairman Tengku Zulpuri Shah Raja Puji and 21 of the victims in the suit were present.

On October 28, 2013, TNB president and chief executive officer Datuk Seri Azman Mohd had explained that there was an unusually rapid increase in water levels at the Ringlet Lake due to exceptionally heavy rain on October 22 and 23.

Rubbish and accumulated soil sediment from land clearing and farming activities upstream had also caused the 50-year-old reservoir's water levels to increase at 13 times more than during normal monsoon periods for the first time, TNB had said.

TNB also reportedly said then it had to release the Sultan Abu Bakar dam's water gradually to prevent all of its gates from automatically opening, which it said would have caused greater destruction to Bertam Valley.