PRADEEP KR SHARMA Vs. HOWRAH GAS SERVICE

JUDGEMENT

(1.) These two appeals are taken up together for the sake of convenience as they arise out of the same judgment and parties are the same. The facts of the case are also similar.

(2.) The petitioners are Shri Pradeep Kr. Sharma and Smt. Rekha Sharma. They approached the Forum claiming compensation to the tune of Rs.1,00,000/- on the ground of sustaining serious burn injuries on the body of petitioner No.2. Their case in short is that petitioner No.1 is a consumer for Indane Gas. On 15.1.1998 at about 10 a. m. petitioner No.2 ignited the gas stove after proper connection when suddenly gas cylinder started leaking and flame begun to come out and she caught fire and in consequence she suffered serious burn injury. O. P. No.1 tried to extinguish the fire but he also sustain minor injury. Petitioner No.2 was admitted in a Nursing Home where she was treated. On that very day petitioner No.1 informed O. P. No.1 for taking back the cylinder. According to the petitioner the cylinder was defective as much as "o" ring was not present. The emergency cell of the distributor did not come forward though it was admitted that the cylinder was defective. Accordingly the petitioners have brought this action claiming compensation for mental agony and monetary loss.

(3.) O. P. No.1 has filed a written statement wherein it has been stated that on 10.1.1998 a defect-free cylinder was supplied to the petitioner which has been tested by the petitioner. On receipt of complaint on 15.1.1998 a mechanic rushed to spot and noticed two separate LPG cylinders along with two ovens placed side by side on the floor in a narrow space about 4 feet width of verandah. He however could not notice any burn spot on the wall or on the floor or surrounding place. The affected cylinder which was partially filled with pressure regulator was brought back. On inquiry it transpired that there are as many as three connections in the said premises. According to it in case of leakage of gas due to missing of "o" ring profuse leakage of LP Gas results with a continuous hissing sound. Moreover in case of leakage its smell is detected in air. They deny any knowledge as to how the accident occurred. O. P. No.2 has also filed a written statement supporting the case of the O. P. No.1. According to it the incident might has occurred due to careless use of the tube.