The Consumer Disputes Redressal Forum, Ernakulam, has ordered insurance companies to pay Rs 1 lakh as compensation for LPG explosion at a house in Aluva.
Petitioners S Surendranath and J Santhakumari had approached the Consumer Disputes Redressal Forum after the LPG connection providers and insurance companies denied compensation for the accident that took place in August 2010.
The complainants had filed a petition against the Indian Oil Corporation Ltd, Bindhu Gas Agencies Aluva, Oriental Insurance and National Insurance.
The petitioners had been supplying IOC LPG cylinder from Bindhu Gas
Agency in Aluva since August 2000.
The incident occurred in January 2010 when Santhakumari was cooking at the kitchen using LPG cylinders. The stove which was properly burning for five minutes exploded with burst of flames. Santhakumari had sustained injuries and furniture and equipment in the house were damaged. The complainants had suffered a loss of `3.3 lakh.
IOC Against Relief
However, the Indian Oil Corporation denied compensation saying that the LPG exploded after five minutes of lighting the stove.
“The allegation that the accident occurred owing to gas leak from the washer and defect in gas cylinder is incorrect. The complainants are not entitled to get any relief as claimed for, the IOC submitted.
Insurance Statement
The Oriental Insurance company stated that the liability is confined to the transport and installation alone and not to the actual use of the cylinder by the consumer and any damage arising thereof during or on account of such use. The entire accident occurred on account of the fact that the complainants did not connect the cylinder properly.
Surveyor Report
As per the surveyor’s report, the damage caused to the cupboards in the kitchen and repairing the door panel etc is only Rs 5,600. The National Insurance Company after several notices did not respond.
The Consumer Forum observed that opposite parties are contractually and legally liable to indemnify the loss sustained by the complainants. “Our decision is based on the dictum laid down by the National Consumer Disputes Redressal Commission in K G Sathyanarayan v Bharat Petroleum Corporation Ltd & Ors. III (2006) CPJ 8. Being the insurers, the insurance companies are equally liable to compensate the complainants.
“The 3rd and 4th opposite parties shall jointly and severally pay Rs 1 lakh to Santhakumari towards compensation for the injury sustained by her. The insurance parties shall also jointly and severally pay Rs 33,000 to Surendranath towards compensation for the damage caused to the building and the household articles,” the Forum said.
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