WILLIAM JOSE Vs. ANTONY

JUDGEMENT

(1.) These connected appeals arise from a common judgment in suits for damages. The relief of damages is claimed consequent on a gas cylinder explosion that occurred in a restaurant of which the predecessor-in-interest of the appellants was the owner. The appellants are hereinafter referred to as "owner". The injured in the accident are the plaintiffs in the respective suits. The Bharath Petroleum Corporation Limited (hereinafter referred to as "the BPCL"), their distributing agency by name M/s. Cini Gas Agencies (hereinafter referred to as "the agency") and their Insurance Company are the other defendants in the suit.

(2.) The mishap occurred on 27.02.1995 at about 5.40 p.m. in the restaurant "Mini Coffee House", situated near the South Railway Station, Ernakulam. The restaurant belonged to one P.V. Joseph, the predecessor-in-interest of the appellants. The allegation of the plaintiffs is that the accident occurred consequent to the negligence on the part of the owner of the restaurant, his employee, the BPCL and its agency/distributor, and that they are liable to pay damages. The incident is not in dispute. According to the owner, the accident occurred due to the defect in the gas cylinder which resulted in the bursting of the cylinder and they are not liable for any damages.

(3.) The court below found negligence at the hands of the owner of the restaurant and his employee (cook), and accordingly made him liable for damages. In these appeals the owner challenges the liability fixed upon him. The owner would contend that all reasonable precautions were taken and that the accident occurred due the defect in the gas cylinders supplied by the BPCL and their agency.