NEW INDIA ASSURANCE CO LTD Vs. MALA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27. 1. 2005 of Karnataka State Consumer Disputes Redressal Commission, Bangalore whereby appellant and respondent Nos. 3 and 4 were held jointly and severally liable to pay Rs. 3 lakh along with interest @ 6% p. a. from the date of filing of complaint and this amount was to be paid only by the appellant to respondent Nos. 1 and 2.

(2.) RESPONDENT Nos. 1 and 2/complainants filed complaint, inter alia, alleging that they are having their residence at No. 1207, Kunwal Galli, Belgaun. Vasantrao Badami was the husband of respondent No. 1 while Mrs. Sneha Lal was the wife of respondent No. 2. Respondent No. 3/o. P. No. 1 is the distributor of liquefied petroleum gas at Belgaun of respondent No. 4/o. P. No. 2 and both of them were insured with the appellant/opposite party No. 3. Respondent No. 1 is the consumer of liquefied petroleum gas of respondent No. 3, distributor. It was alleged that after the kitchen work was over and before going to bed it was ensured that the regulator of the gas cylinder was being kept closed. On 28. 7. 1995 at about 4. 00 a. m. a blast occurred in the house in which the lives of Vasantrao Badami and Mrs. Sneha were lost. House also collapsed and valuable articles were damaged. It was further alleged that the gas cylinder supplied to respondent Nos. 1 and 2 was negligently sealed and not checked properly before release and there was gradual leakage of gas from the regulator or the bottleneck and the valve of the cylinder which resulted in the formation of aerosol mixture. Amount of Rs. 1,50,000 was claimed towards loss of lives of said two persons, Rs. 8,50,000 towards damage to the house and household articles and Rs. 5,00,000 as compensation towards mental agony by respondent Nos. 1 and 2.

(3.) COMPLAINT was contested separately by filing written versions by the appellant and respondent Nos. 3 and 4. In the written version dated 19. 6. 1998, the appellant alleged that it had issued a Miscellaneous Accident Insurance Policy (personal accident policy on unnamed basis) in favour of respondent No. 4 for a period from 16. 4. 1995 to 15. 4. 1996. Under this policy the liability of the appellant was limited to Rs. 25,000 per insured person. In the additional version filed later on, it was admitted that petitioner had issued Liquefied Petroleum Gas Dealer's Insurance Policy for the period from 27. 4. 1995 to 26. 4. 19996 in favour of respondent No. 3. However, liability to pay the amount claimed was denied. In its written version, respondent No. 3 admitted that he is distributor of liquefied petroleum gas of respondent No. 4 at Belgaun and it was insured with the appellant. It was further admitted that respondent Nos. 1 and 2 have been residing at house No. 1207, Kunwal Gali, Belguan. However, it was alleged that it was respondent No. 2 who was the subscriber of LPG under Consumer No. 6695 with the answering respondent. It was stated that gas cylinder was supplied at the said house of respondent Nos. 1 and 2 by the answering respondent through one of its delivery boys on 31. 5. l995. Connection of the gas cylinder was properly done by the delivery boy. Thereafter gas cylinder was used without any complaint of leakage of any kind upto 28. 7. 1995. There was no possibility of leakage of gas from the cylinder supplied. It was denied that the cylinder was negligently sealed or not checked properly before release and there was leakage of gas as alleged. In the written version filed by respondent No. 4 it was additionally pleaded that gas cylinder is made of unbreakable material and sealed at the filling factory and there is no chance of any leakage from the body of cylinder. Formation of aerosol mixture could be only due to negligence on the part of respondent Nos. 1 and 2 in not closing the gas cylinder completely before retiring for the night.