MOHD SYED Vs. HINDUSTAN PETROLEUM

JUDGEMENT

(1.) FEELING aggrieved by the Judgment and decree dated 21-12-1994 passed by the learned 1st Additional District Judge, Bhopal in Civil Suit No. 07-B/91, whereby the suit of the plaintiffs has been dismissed, the plaintiffs have preferred this appeal under Section 96 of the Code of Civil Procedure (hereinafter referred to as 'the Code').

(2.) IN brief, the case of plaintiffs is that their adult son Mohd. Javed died on account of burn injuries sustained by him while he was trying to save the lives of his next door neighbourers in whose house the fire took place.

(3.) THE defendant No. 5 reported the matter to the local police station and after the post-mortem the plaintiffs performed the last ritual of the deceased on 19-1-1991. The Insurance Company (defendant No. 3) is the insurer of the defendant No. 4 (M/s Book-N-Cook, agent of M/s Hindustan Petroleum Corporation) and as such the Insurance Company was liable to indemnify the defendant No. 4 on account of the accident occurred.