The High Court in Kuala Lumpur today found Tenaga Nasional Bhd (TNB) liable in causing flash floods five years ago that resulted in four deaths and the destruction of property in Bertam Valley, Cameron Highlands.

Justice Nordin Hassan ruled that the electric utility company had acted negligently on the night of Oct 23, 2013, in releasing water from the Sultan Abu Bakar Hydroelectric Dam three times.

He noted TNB had only installed a water inflow measurement instrument at the dam after the incident, despite the dam having been built in 1963.

"Failing to have the instrument is an act of negligence as it (TNB) is entrusted with the lives and property of the people downstream."

"In the circumstance, it is my finding that the defendant failed to maintain the appropriate water level at the dam particularly in the monsoon season

He said as a result of the instrument's absence, the release of water from the dam could not be properly gauged that night.

"It cannot be said that the three releases of water were correct when they had no idea how much of the water to be released," he added.

Justice Nordin ordered that the assessment of damages be done by the deputy registrar of the High Court.

He also ordered TNB to pay RM50,000 in costs to the plaintiff.

A total of 100 residents had filed the suit against TNB. They were represented by lawyer M Manogaram.

The judge then fixed May 30 for case management before a deputy registrar.

It was reported that the water was released from the dam at 12:05 am, 1:05 am and 2:45 am that night.

Justice Nordin also said that while TNB had cited in its defence that the vast volume of rainwater was caused by siltation and deforestation, the court could not accept that explanation as the water inflow measurement instrument was not installed.

Manogaram who contested the Cameron Highlands seat but lost during the 14th general election said the residents are happy with the decision and hoped that TNB would not appeal the finding.