Their mother, Ng Pearl Ming, 38, filed the suit on behalf of her sons, aged 13 and 11, through Messrs Rusmah Arunan & Associates at the High Court Registrar’s Office here.
The brothers, represented by lawyer Datuk Dr S. Arunan and Gary Edward Chong, also named the Immigration director-general, the Royal Malaysian Air Force (RMAF) chief and the Malaysian Government as defendants.
In their statement of claim, the boys claimed that their father, Jee Jing Hang, 41, who was a passenger on Flight MH370, had entered a contract of carriage with MAS on the flight that departed Kuala Lumpur at 12.41 am and was scheduled to land in Beijing at 6.30 am on March 8.
They claimed that under the contract, MAS, as the first defendant, should have taken all necessary measures to ensure a safe flight, but that MAS had clearly breached the contract when the aircraft failed to land in Beijing and no detailed explanations about the termination of the flight were made until today.
The brothers also claimed that MAS failed to give proper explanations about what happened on board the flight, especially matters which were in its knowledge, and had failed to discharge its duties properly, hence causing them to lose their father.
The boys also claimed that the DCA director-general, as the second defendant responsible for providing air traffic control service to ensure that the flight was safe, had failed and had been negligent in taking appropriate measures to re-establish contact and track down the flight through radar.
They also claimed that the Immigration Department had failed and had been negligent in carrying out detailed inspections on passengers to the extent of enabling several individuals to board the aircraft using fake identification documents.
The two plaintiffs also claimed that the RMAF had failed and had been negligent in deploying its assets immediately to identity the unscheduled flight which appeared on its radar system, which could possibly be Flight MH370.
The boys are seeking compensation from all the defendants over the loss of their father, a businessman who was their sole bread winner earning RM16,865 a month, and aggravated damages for their grief and suffering.
They are also seeking exemplary damages, costs and other relief deemed fit by the court.
Flight MH370 dropped off radar on March 8 as it flew from Kuala Lumpur to Beijing with 227 passengers and 12 crew on board.
The Boeing 777 aircraft has yet to be found, even after an exhaustive search in the southern Indian Ocean where it is believed to have gone down after veering off course.
The search for the aircraft continues in the southern Indian Ocean.
— BERNAMA
