BHAGWANT SARUP Vs. HIMALAYA GAS CO

JUDGEMENT

(1.) Plaintiff No. 1 (Bhagwant Sarup) was registered as a consumer No. F/487 with defendant 1 (M/s. Himalaya Gas Company) for the supply of cooking gas. A gas connection was installed in his premises known as 141, Malhotra Building, Lower Bazar, Shimla. The cooking gas cylinders used to be supplied by defendant 1 through its trained workmen and servants who used to replace old empty gas cylinder by installing a new gas cylinder. Defendants 2 and 3 (Surinder Kumar and Devinder Kumar) are the partners of the firm defendant No. 1.

(2.) The plaintiffs allege that they had booked replacement of a gas cylinder with defendant 1 on 3/4th June, 1975 because their previous gas cylinder had exhausted. Defendant 1 sent a cooking gas cylinder through defendant 5 (Gulam Mohamad) on 14-6-1975 at about 2.20 p.m. Defendant 5 kept the cylinder in the corridor and asked the plaintiffs to give some instrument for opening the cylinder and got a small axe meant for breaking fire wood and coal etc. It is alleged that defendant 5 gave two or three knocks to the gas cylinder which appeared to be defective. Plaintiff 3 (Brij Bala) asked defendant 5 to take back the gas cylinder as the same was defective but defendant 5 told her that it was his routine job and the gas cylinder would be replaced and fitted. As a result of the knocking, some serious damage was caused to the gas cylinder with the result that liquid gas started leaking out and within a few seconds it caught fire because in the kitchen which adjoins the corridor, a fire was burning. Defendant 5 after seeing the fire gave a kick to the gas cylinder towards the door thereby blocking the exit from the premises. He himself fell outside the door. Plaintiffs 2, 3 and 5 saw the fire and they jumped out of the room from the windows because the door was blocked. Plaintiff 4 and one Kumari Seema deceased (daughter of plaintiff 1) remained inside the room. Plaintiff 2 wanted to rescue both these girls but could rescue plaintiff 4 only. Kumari Seema deceased was found dead in the room after the fire had been put off by the fire-brigade.

(3.) It is alleged that plaintiff 3 was in advanced stage of pregnancy. She suffered serious burn injuries on her face, neck and head, right and left arms, chest and abdomen, thighs and legs and her hair were also burnt. She remained admitted in the hospital but in spite of the medical treatment she could not recover her normal health and was disfigured permanently. She suffered, mentally and physically and is permanently unfit to discharge her normal duties. Plaintiff 2 also received burn injuries on his face, both hands and both legs and blisters on right calf and remained admitted in the hospital for treatment. Plaintiff 4 also remained admitted in the hospital because she also received burns on her legs, hands, abdomen and back and her hair were also burnt. Plaintiff 5 also got burns and remained admitted in the hospital.