INDIAN OIL CORPORATION LTD Vs. KRISHNA SHARMA & ORS

JUDGEMENT

(1.) BOTH these appeals filed by two of the four opposite parties, the Indian Oil Corporation Ltd. (arrayed as O.P. Nos. 3 and 4 before the District Forum and now referred as O.P. No. 3) and National Insurance Company Ltd. (O.P. No. 4) arise from the order dated 25.2.2006 passed by District Consumer Disputes Redressal Forum, Satna in CC No. 96/2005 directing appellants and respondents Nso. 4, 5 and 6 to pay to respondent -complainants (Nos. 1 to 3) Rs. 5,00,000 as compensation with interest and cost.

(2.) FOR the sake of convenience we shall refer these parties as complainants and opposite parties.

(3.) COMPLAINANT -Smt. Krishna Sharma is the widow of late Shri Ravi Sharma while two other complainants -Harshit Sharma and Manas Sharma are their minor sons. Complainant -Smt. Krishna Sharma has got a LPG connection from O.P. No. 3 -Indian Oil Corporation Ltd. (for short the "IOC") on 25.9.1992 from their Satna based dealer "Dheerendra Gas Service" - the O.P. No. 2. Initially it was a single barrel connection and was made double barrel on 3.1.1994. O.P. No. 1 -Babulal Pandey on the relevant date was an employee -mechanic of O.P. No. 2. The IOC had obtained a comprehensive insurance policy from O.P. No. 5 -the National Insurance Company Ltd. for miscellaneous accident cover to their distributors, transporters and consumers and the policy was in force from 22.4.2004 to 21.4.2005. It is no more in dispute that a refill (LPG cylinder) was supplied by O.P. No. 2 - dealer, to the complainant -consumer at her residence in Prabhat Vihar, Satna, on 10.11.2004. On the morning of 16.11.2004, on some complaint of the consumer, mechanic Babulal Pandey had examined the cylinder and did some rectification work. However, later on in the day, the cylinder when put to use by late Ravi Sharma caught fire causing extensive burn injuries to him. He was shifted to Civil Hospital, Satna and then to a private nursing home - 'Ayushyaman Hospital' where he died on 3.12.2004.