M. THANIKACHALAM J. - (1.) The unsuccessful complainants before the lower Forum are the appellants.
(2.) The husband of the first complainant, father of complainants 2and 3 and son of complainants 4 and 5 by name Eswaran had obtained a domestic gas connection, from the first opposite party, who is the agent of the second opposite party/supplier, on 05.08.99, after depositing the necessary fees. As consumer of the opposite parties, the said Eswaran in order to boil the milk, opened the gas on 10.06.2002 at 9 p.m. and lighted the gas stove. Because of the leakage in the cylinder, immediately fire flames engulfed Eswaran and he sustained all over body burn injuries. Despite, an effect had been taken to save him in the Government Hospital at Erode, he died on 16.06.2002, for which, upon complaint a case has also been registered.
(3.) The bread winner of the complainants family, Eswaran died only on account of the leakage of gas cylinder, supplied by the first and second opposite parties. While supplying the gas cylinder, the second opposite party failed to check up the cylinder and the first opposite party also failed to check up the cylinder when supplied the gas cylinder to Eswaran and therefore both of them should be held jointly and severally liable for the loss suffered, mental agony etc., sustained by the complainants. Seeking compensation, when notice issued, opposite parties repudiated and therefore the complainants/appellants are constrained to move the Consumer Forum, for the recovery a sum of Rs.5 lakhs as compensation.;