Widow and Sons of MH370 Victim Sue MAB in Australian Court

25th Feb 2016

Yen Li Chong, a widow of a MH370 victim Chong Ling Tan (49 yeas), is suing Malaysia Airlines Bhd (MAB) with her sons Justin Jia Tian Tan (18 years) and Javier Ji He Tan (15 years) in an Australian court. The three of them are claiming unspecified damages from MAB for ‘suffering nervous shock’.

Chong Ling Tan was traveling on 8^th March, 2014 onboard the now missing MH370 in the business class when the plane disappeared in the Indian Ocean.

MAB Sued Under the 1999 Montreal Convention

The family, residing in Australia in Victoria State, is suing MAB under the 1999 Montreal Convention.

The writ filed with the Victorian Supreme Court states:

The defendant is liable for such nervous shock sustained by the first, second and third plaintiffs as a result of the death of the deceased.

The document further adds that, if not for Malaysia Airlines’ negligence, the ‘aircraft would not have disappeared’. The carrier, it is added failed to ensure the safety of MH370 flight, or take reasonable and/or adequate precautions to prevent the disaster.

The lawsuit further claims that the nervous shock suffered by the widow and two sons was a:

Direct and foreseeable consequence of the disappearance of the defendant’s aircraft.

The writ was filed on Friday and does not state the nationality of the three plaintiffs, only their place of living (Victoria, Australia).

First Lawsuit Against the Airline Filed in October, 2014

This isn’t the first case of someone suing Malaysia Airlines for MH370 disappearance. In October, 2014 a Malaysian family did the same, suing MAB in a Malaysian court for negligence.

The suit was filed on behalf of two sons of Jee Jing Hang by their lawyers. The family sued Malaysia Airlines for ‘breach of contract’, claiming the airline did not meet its contractual responsibility to bring Jee to his destination.

Several other lawsuits have also been filed against the Malaysian carrier, mostly in China and Australia, where most victims were from.

In January, 2015 Malaysia declared that all aboard MH370 are presumed to be dead. The government said this would allow the victims’ families to seek compensation and ‘move forward’.

So far, the search for MH370 hasn’t produced much result, with only one flaperon found so far last July on the beach of Reunion Island.