KUALA LUMPUR, May 5 — Tenaga Nasional Berhad (TNB) has been ordered to pay RM4.7 million in damages to 100 individuals over its role in a 2013 dam water release in Cameron Highlands that led to fatalities and widespread property damage.

The High Court in Seremban made the award after assessing damages in the case, following earlier findings that TNB had acted negligently in managing the Sultan Abu Bakar Dam, according to Free Malaysia Today.

Justice Ahmad Shahrir Salleh granted RM912,459.76 in special damages, alongside RM30,000 in general damages for each plaintiff. 

A further RM10,000 in exemplary damages was awarded to 83 surviving plaintiffs.

The total sum came to RM4,742,459.76, with interest of 5 per cent per annum from May 25, 2018 until full payment is made.

In delivering the decision, the court reaffirmed that TNB bore full responsibility for negligence in the operation and upkeep of the dam, with damages reflecting the victims’ suffering and trauma.

The judge also said exemplary damages were warranted as a punitive measure, noting that the company had failed to properly maintain the facility despite having the means to do so.

Earlier rulings had already established liability. 

In 2018, the Court of Appeal upheld a High Court finding that TNB was negligent in maintaining the dam, and directed that damages be assessed. The company later failed to secure leave to appeal at the Federal Court in 2019.

The incident occurred on October 23, 2013, when water was released from the Sultan Abu Bakar Dam three times, triggering floods in Bertam Valley that killed four people and caused extensive damage.

In allowing the suit in 2018, the High Court found that the releases were unjustified, highlighting the absence of an inflow measurement system and raising concerns over long-standing dam management practices.

The court also rejected claims that deforestation, intensive farming and waste disposal were the primary causes of the flooding.

The plaintiffs, who filed the suit in 2015, said water was discharged without warning in the early hours following heavy rain, with repeated releases between 12.20am and 2.45am leaving residents unable to evacuate or protect their property.