LAWS(NCD)-2023-10-93

NATIONAL INSURANCE CO. LTD. Vs. RAKESH KUMAR SINHA

Decided On October 27, 2023
NATIONAL INSURANCE CO. LTD. Appellant
V/S
Rakesh Kumar Sinha Respondents

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') against the Order dtd. 5/6/2018 passed by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as 'the State Commission'), in Consumer Complaint No. 294 of 2015, wherein the Complaint filed by the Complainant (Respondent No.1 herein) was allowed in part.

(2.) There was 14 days delay in filing the FA. For reasons stated in IA/14446/2018, the delay was condoned on 21/8/2018.

(3.) Brief facts of the case as per the Complainant are that, during morning hours on 1/8/2012, Smt Laxmi Sinha, mother of the Complainant was replacing an empty LPG gas cylinder in the kitchen with a new one. She removed seal of the cap of a full LPG cylinder supplied by Respondent No.3 for fixing the regulator. But, before she could do it, there was an explosion and she caught fire. To save her, Sri Jogendra Sinha and Sri Rajesh Sinha, the father and younger brother of the Complainant rushed into the kitchen. They too got engulfed in the fire. The local people rushed to save the injured. Fire Brigade arrived and controlled the fire.