SARASWATHI Vs. RAM AGENCIES

JUDGEMENT

(1.) The complainants in this complaint have claimed compensation of Rs. 52,00,000 from the opposite parties (for short, "O.Ps.").

(2.) The case of the complainants is as follows : Complainant No. 1 is the wife of one late Mr. B.S. Ananda Ramsastry and complainant Nos. 2 to 5 are the children of complainant No. 1 and late Mr. Ananda Ramsastry. O.P. 1 is the Distributor of L.P.G., manufactured by O.P. 2. O.P. 3 is the Insurance Company, which issued the policy covering the risk. On 29.1.2002 in the early hours of the morning at about 5.40 a.m., there was a huge blast in the house of the complainants and the house caught fire and damage was caused to the entire building. The inmates of the house late Mr. Ananda Ramsastry, i.e., the husband of complainant No. 1, suffered serious burn injuries and ultimately he died at about 11.35 p.m. on 31.1.2002, though the best treatment was given in the hospitals. Complainant No. 2 suffered burn injuries to the extent of 40% and complainant Nos. 4 and 5 suffered burn injuries to the extent of 35% and 25% respectively. Immediately after the accident, the matter was intimated to the Gas Agency and the LPG Emergency Cell and on investigation it was found that the accident was primarily due to the leakage of LPG due to defect in the Cylinder. The police called the Forensic Experts to ascertain the cause of the blast and on investigation it was found that there was a leakage of the LPG at the neck point of the Cylinder. Thereafter, the complainants moved O.P. 2 for compensation. As there was an Insurance Policy, O.P. 2 processed the papers and submitted the claim to O.P. 3. Thereafter , O.P. 3 has paid a sum of Rs. 1,97,176 as compensation to the complainants. The complainants having not satisfied with the said quantum of compensation have filed this complaint before this Commission.

(3.) The O.Ps. have filed their versions and affidavits. According to the O.Ps., the accident, if any, is a self-created one and, therefore, the complainants are not entitled for any compensation. The cracks found in the rubber tube have been caused by the complainants themselves in order to claim compensation. O.P. 3 admits the issuance of the policy covering the risk.