AJAY KUMAR DUBEY Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The writ petition filed under Art. 226 of the Constitution of India seeks a direction upon the respondents for payment of adequate compensation on account of death of his father and other family members and causing burn injury to other family members/tenant/neighbour in an incident that occurred on 01.09.2010.

(2.) Petitioner is the registered consumer of L.P.G. cylinder of the respondent Bharat Petroleum Corporation Ltd. (for short ‘B.P.C.L.’). On 01.09.2010, in course of replacing a new Gas cylinder in the kitchen, a severe gas leakage occurred and spread like wild fire in which some of his family members and neighbours received serious burn injuries. The father, bhabhi, his tenant and a neighbour later died of burn injuries. His wife and one and a half year child, however, suffered only burn injuries. An F.I.R was lodged for the incident and the official of the B.P.C.L. were informed. The officials of the B.P.C.L. later visited the place of occurrence as well as the hospital where the victims were being treated. The incident relating to the bursting of the gas cylinders causing injury to the handlers thereof including the consumer or his family members is covered by Public Liability Policy for L.P.G. obtained from the respondent Insurance Company by the B.P.C.L. Claim forms were provided to the petitioner which were submitted after filling them up. The respondent Insurance Company, on scrutiny of the papers and relevant facts, disbursed a sum of Rs. 2,10,481.00 which was duly received by the petitioner on 16.06.2011. Dissatisfied with the quantum of the amount/compensation, the present writ petition is filed.

(3.) Heard Mr. Hemendra Prasad Singh, Senior Counsel, in support of the application and Mr. Madhuresh Prasad for the respondent B.P.C.L.