KUANTAN: The passengers involved in the deadly tour bus mishap at Km16.5 of Jalan Genting-Bentong near Genting Highlands in Bentong today can sue the bus company and driver in civil court to get compensatory damages.
Lawyer Datuk Syed Azimal Amir Syed Abu Bakar said the passengers were eligible to file a claim or lawsuit against the negligent bus driver, and bus company for monetary compensation.
"If it is proved the bus driver was behind the wheel without licence, he can face criminal charges imposed by the police. He might face multiple charges for driving without a licence and causing death to his passengers through negligence.
"It is unlikely the bus company had hired the driver without conducting a background check and ensuring he has a valid driving licence before allowing him to handle the vehicle.
"Furthermore, his job involves ferrying people and he was responsible for their safety.
"The bus driver and company can face both a civil suit and criminal charges.
"Bus companies bear the sole responsibility of ensuring their drivers are fit to be on the road and their vehicles are in good condition to transport passengers to their respective destinations," he said when contacted today.
Syed Azimal said the affected passengers only needed to provide proof that they were onboard the bus during the incident and in most cases, all passengers will usually have insurance.
Earlier, Bentong district police chief Superintendent Zaiham Mohd Kahar confirmed that the 32-year-old bus driver involved in the Genting crash, which killed two China nationals and injured several others, drove without a licence.
Zaiham said the driver had 27 previous traffic summonses for various offences, including not possessing a driving licence.