A senior journalist, who suffered serious injuries when a safety wheel from a monorail train fell o­n him, filed a negligence suit today against Monorail Malaysia Technology Sdn Bhd and three others, seeking RM5 million in compensation.

According to a Bernama report, the suit was filed by Messrs Shook Lin & Bok at the Civil High Court registry in Kuala Lumpur.

The 41-year-old senior reporter with Bernama , David Chelliah @ Kovilpillai Chelliah David is also seeking general damages, special damages of RM20,000, interest, costs and future medical expenses of RM5,000 per month.

He named Monorail Malaysia Technology the designer and manufacturer of KL Monorail, KL Monorail Systems Sdn Bhd the company responsible for the installation, commission and operation of the trains, Mtrans Holdings Sdn Bhd - the company operating and maintaining the KL Monorail system and the Director General of Railways, the approving and certifying authority under the Minister of Transport of any railway scheme, as defendants.

In his statement of claim, Chelliah said a monorail train o­n a test run passed overhead when he was crossing Jalan Sultan Ismail and arriving at the divider below the elevated track, intending to cross over to the Shangri-La Hotel side, o­n Aug 16 last year.

Chelliah said a safety wheel of the train came off, fell and struck his head, causing him to momentarily lose consciousness and suffer severe head and bodily injuries.

Caused by negligence

He claimed the incident was caused by the defendants' negligence who failed to take any adequate precautions to ensure that the monorail train was safe for public use in public areas.

He added that the defendants also failed to take any adequate measures to ensure that the safety wheel was properly fastened to the train at all times and also to ensure that the safety wheel would not fall off from the train.

Chelliah - who started work two days ago after six months' medical leave- also claimed that the defendants failed to put in place a system that would have prevented the safety wheel from coming off and falling o­n pedestrians who were below the elevated tracks of the trains.

He alleged that Monorail Malaysia Technology, among others, failed to design and install a safety track to effectively catch the fall of the guidance wheel or safety wheel.

Chelliah contended that KL Monorail Systems failed to test and commission the train for safety before commencing the trial run while the Director-General of Railways failed to prescribe adequate minimum safety standards for the operation of the monorail system.

He also alleged that Mtrans Holdings had engaged in cost-saving measures and failed to direct and approve a design that would incorporate adequate safety features to the train and track.

Severe injuries

Chelliah said the incident had caused him to suffer immediate injuries, including bifrontal scalp and eyelid swelling, abrasion o­n the left frontal region of his scalp, blood clot in his right nostril and multiple comminuted bifrontal fractures extending downwards into the anterior skull base.

He also suffered from o­n-going consequences of direct brain injury including impaired alertness, intermittent confusion, impaired memory, speech and vision and cognitive difficulties.

He said the brain and head injuries he suffered has seriously damaged his capacity for work as a journalist and adversely affected his career advancement and he would suffer a loss in his earning capacity.

Among others, Chelliah claimed he suffered from reduced visibility in his right eye and was easily fatigued resulting him in finding difficulty to cope with fieldwork.

He added that he could no longer type efficiently and perform other functions that require the use of his left arm, hand and/or fingers.

He also claimed that he suffered from speech impediments and that he now talks at a slower pace and in a softer tone.

He contended that he suffered from bouts of depression, mental anguish and memory loss and found difficulty to learn and register new things in his daily life.

He further claimed that his condition was irreversible and that his life enjoyment was impaired and that he would need constant care, attention and nursing for the rest of his life.