Prasarana and Rapid Rail said this in a statement of defence, in response to a lawsuit filed by eight commuters who alleged negligence had resulted in the injuries they sustained in the crash, The Vibes reported.
Though both companies admitted that a crash did occur, they said claims of negligence by the plaintiffs must be proven with “concrete evidence”.
The plaintiffs are Tengku Amalie Tengku Alauddin Shah, 47, Marvena Jitol, 28, Riezariel Haeqal, 23, Rozita Che Rus, 28, Ng Siow Nee, 36, Siti Nuraliah Hashim, 26, Nurul Athirah K Jabayee, 36, and Firdaus Saleh, 35.
Prasarana and Rapid Rail said that the injuries suffered by the eight 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.
“The plaintiffs deny the details of negligence pleaded by the defence because the accident happened during peak hours, and it is the responsibility of the defendants to ensure the plaintiffs’ safety.”
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.
In the 8.45pm 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.