The crew of missing MH370 "deliberately altered" the aircraft’s flight path, the widow of of a passenger who died on board alleges in a compensation claim filed with Australia's Victorian Supreme Court.
Jennifer Chong, 48, from Melbourne, has launched a claim against Malaysia Airlines following the death of her husband of 23 years, Chong Ling Tan, who was sitting in business class seat 1C when the aircraft disappeared on March 8, 2014. Twelve crew and 227 passengers were on board the flight from Kuala Lumpur to Beijing.
Chong's claim for an undisclosed amount - which is being supported by her two sons, aged 19 and 14 - asks the court to confirm her insistence that the airline and its crew were responsible for the loss of the Boeing 777.
Her husband's death, Chong said, has led to her and her sons suffering "nervous shock".
In papers acquired by Melbourne’s The Age newspaper, Chong said Malaysia Airlines was vicariously responsible for the actions of its crew "who failed to ensure the aircraft safely reached its destination and/or who deliberately altered the course of the aircraft resulting in its loss at sea".
The airline, Chong claimed, breached its duty of care to her husband and could not prove his death was not due to their negligence "or other wrongful act".
She said in her writ: "Further the defendant (Malaysia Airlines) owed a duty of care to the deceased and other passengers and crew on the flight in relation to their safety and wellbeing."
In a list of complaints against Malaysia Airlines, Chong claims it had been negligent in failing to ensure the flight was safe for her husband and the other passengers and had failed to ensure that reasonable and adequate precautions were taken on the flight.
She also says the airline failed to monitor and track the flight at all times and ensure that its crew followed all proper procedures.
If the airline had not been so negligent, Chong says in her claim, the plane would not have disappeared.
The search for MH370, being conducted in the southern Indian Ocean, south west of Australia, is due to end in June this year. Debris from the plane was found on the island of La Reunion, however, the cause of the disaster remains unknown.
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