KAITHAL GAS SERVICE Vs. KUMARI ANNU (MINOR)

JUDGEMENT

(1.) Respondent Nos. 1 to 4 filed a suit, as indigent persons, for recovery of Rs. 20,65,735/- as compensation on the death of Sudhir Bala who died on 3rd December, 1989 as a result of L.P.G. catching fire because of leakage in the cyalinder. The petitioner as well as Area Manager, Indane Area Custom Service Cell, Chandigarh and Oriental Fire and Insurance Company, Kaithal, were made defendants.

(2.) On receipt of an application from the plaintiffs-respondents to sue them as indigent persons, a copy of the application was sent to the Collector Kaithal, for making an enquiry as to whether they are indigent persons or not. The Collector, Kaithal, vide his report dated 2nd July, 1990, stated that Sham Sundar one of the applicants-plaintiffs was owner of one house worth Rs. 40,000/-, and was employed in Irrigation Department from where he was drawing a salary of Rs. 1437/- per month.

(3.) The Trial Court on the basis of report of the Collector, without issuing notice to the defendants as well as Government Pleader, declared the applicants as indigent persons. The suit was then registered and notice of the same was sent to the defendants.