MH370: Passenger's children sue Malaysia Airlines and government over 'emotional pain'

The brothers, aged 13 and 11, allege both bodies were 'negligent'

A woman writes a message of support and hope for passengers of the missing Malaysia Airlines MH370 (Reuters)

Two children whose father was on missing Malaysia Airlines flight MH370 are suing the Malysian Government and carrier over the tragedy.

The lawsuit, brought by Jee Kinson, 13, and Jee Kinland, 11, is thought to be the first filed in Malaysia since the plane disappeared on 8 March with 239 people on board.

The boys are seeking an undisclosed amount in damages for mental distress, emotional pain and the loss of support following the disappearance of their father, Jee Jing Hang.

They accuse the civil aviation authority of negligence for failing to attempt to contact the plane in a “reasonable time” after it fell off the radar on its way from Kuala Lumpur to Beijing.

Papers filed at Kuala Lumpur High Court also allege that Malaysia Airlines failed to take all due measures to ensure a safe flight.

Parents and children release a sky lantern, with a note of prayer written for MH370, on 13 September (Getty)

The directors-general of civil aviation and immigration, a Malaysian air force chief and government are also named alongside allegations that they committed gross neglect and breach of duty.

Despite one of the largest air and sea searches in history, no wreckage has ever been found and authorities continue to comb the Indian Ocean far off the coast of Perth, Australia, where it is believed to have crashed.

The Australian coordinators of the search have warned that the current phase could take another year and there is still no guarantee of success.

Family members of passengers and crew on the missing Malaysia Airlines jet outside the Malaysian embassy in Beijing, before trying to storm the building (Reuters)

The boys’ lawyer, Arunan Selvaraj, said: “We have waited for eight months. After speaking to various experts, we believe we have sufficient evidence for a strong case. A big plane missing in this age of technology is really unacceptable.”

Mr Jee, who operated an online business earning a monthly income of almost 17,000 ringgit (£3,200), is presumed dead along with the other passengers and crew.

In March, a civil action case brought in the US on behalf of relatives was dismissed by a judge but several passengers’ families are said to be considering action.

Steve Wang, a Chinese man whose mother was on the plane, said many Chinese families had retained lawyers but did not think any of them had filed a lawsuit yet.

“We are examining the laws to figure out how to best bring our cases - for example, if we should file the suits in Malaysia,” he added.

“But without knowing where the plane is, evidence is lacking, and there are still possibilities that things may change.

“For now, it looks very difficult for us to bring a suit against the Malaysian government and its military.”

Neither Malaysia Airlines nor the Government have yet commented on the action but statements have previously said the commitment to finding the plane has "never wavered and will continue".

Additional reporting by AP