KRISHNA SHARMA Vs. BABULAL PANDEY

JUDGEMENT

(1.) Complainants/Petitioners have filed this Revision Petition against the final judgment and order dated 13.7.2007 passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in appeal Nos. 1022 and 1354/06 whereby the State Commission partly allowed the appeal and modified the order dated 25.7.2006 passed by the District Consumer Disputes Redressal Forum, Satna (in short, 'the District Forum') in CC No. 96/95 and reduced the quantum of compensation awarded to the Complainants from Rs. 5 lakh to Rs. 2.5 lakh.

(2.) A refilled LPG Cylinder was supplied by the Respondent No. 2 to the Petitioner at her residence in Prabhat Vihar, Satna on 10.11.2004. On 16.11.2004, on a complaint of the Petitioner, mechanic Babulal Pandey, Respondent No. 1 had examined the cylinder and did some rectification work. Later on, in the day, when the cylinder put to use by late Ravi Sharma, the husband of Complainant No. 1, the said cylinder caught fire causing extensive burn injuries to him. He was shifted to Civil Hospital, Satna and then admitted in a private nursing home, namely, Ayushyaman Hospital where be died on 3.12.2004.

(3.) The case of the Petitioners before the District Forum was that the cylinder supplied by the Respondent Nos. 2 and 3 was defective having leakage which caused the fire resulting into the injuries and death of late Ravi Sharma. According to the Complainants, all the opposite parties, i.e., IOC, their dealer and the employee, Babulal Pandey were responsible jointly and severally for the said incident and liable to compensate the Complainants. Indian Oil Corporation had obtained a comprehensive insurance policy from the National Insurance Co. Ltd., Respondent No. 5 herein for miscellaneous accident cover for their distributors, transporters and consumers and the policy was in force from 22.4.2004 to 21.4.2005. That the National Insurance Company Ltd. which had issued comprehensive insurance policy for miscellaneous accident cover to distributors, transporters and consumers of IOC was liable to indemnify the said opposite parties and to pay on their behalf compensation to the Complainants. Complainants/Petitioners claimed compensation of Rs. 10 lakh from the Respondents.