KUALA LUMPUR, MALAYSIA: A former AirAsia stewardess was awarded RM44,164 in damages for injuries she sustained while travelling in an express bus provided by the airline in 2001.

Shah Alam Sessions Court judge Latifah Mohd Tahar held that AirAsia Sdn Bhd and provider of luxury coach transportation services, Sze Tho Enterprise, were fully liable for negligence.

Upon hearing the court award yesterday, plaintiff Balkhis Abu Bakar, 48, accompanied by her MAS supervisor husband, Md Tahir Omar, 50, was all smiles and said she was happy with the decision after going through a seven-year ordeal.

"The court found that there was negligence on the part of the defendant (AirAsia) against the plaintiff, who was a cabin crew on contract to AirAsia, and the first third party (Sze Tho) is held on vicarious liability for the injuries and losses suffered by the plaintiff," said Latifah.

The judge said the court did not find any negligence on the part of the second third party, Kurnia Insurance (Malaysia) Bhd, which is the insurer of the bus, on liability.

"Therefore, the claims by the defendant (AirAsia) against Kurnia Insurance is rejected with costs," she said.

On the quantum of damages, Latifah said the plaintiff would get RM30,000 for her spinal injuries.

She said Balkhis would get RM6,000 for her neck injuries, RM7,860 for medical costs, RM300 for travel expenses and RM4 for her police report while the court denied her massage expenses.

Latifah also awarded an interest of 8% for general damages from the date the summons was given to the defendant on Dec 4, 2001 until full settlement.

The judge also gave a 4% interest for special damages from the date of the accident to its full settlement as well as legal costs for her actions.

In her statement of claim, Balkhis, a mother of five who was then an AirAsia stewardess, said she was travelling in a bus provided by the airline from her workplace at Subang airport to Terminal 3 at 8pm on March 13, 2001 when the bus hit something and caused her to be thrown from her seat.

She claimed that she suffered injuries due to the negligence of the defendant and or its workers.

In its statement of defence, AirAsia denied her allegations, saying that it had exercised all reasonable care expected of an employer in providing transportation services for its personnel to its workplace.

The defendant, which had brought in the bus company and Kurnia as third parties, said it had appointed a competent sub-contractor, Sze Tho, to facilitate the transportation using fit, adequate, proper and licensed vehicles.