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ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. Thota Ashok Kumar and Mr. S. Bhujanga Rao, Members
KANDALA RAMA KRISHNA AND ANOTHER - Appellants
Versus
WWW WOMEN`S HOSTEL AND OTHERS - Respondents
C.C. No. 131 of 2012
Decided on : 04-07-2014
M/s. M. Karuna Sagar, Advocate, for the Appellant; Mr. MRN Reddy, Advocate., Mr. T. Srinivas, Advocate. and Mr. M. Hari Babu, Advocate, for the Respondent
The main legal point established in the judgment is the requirement for the complainants to prove negligence on the part of the opposite parties in order to claim compensation.
Headnote:
Negligence - Death due to cylinder blast - Sections 304A and 337, IPC - [304A, 337, IPC] - The court dismissed the complaint against the opposite parties, ruling that the complainants failed to establish negligence on the part of the opposite parties in supplying the gas cylinder and using it, and that the complaint was liable to be dismissed.
Fact of the Case:
The deceased, a software engineer, died in a cylinder blast accident at a hostel due to injuries from the blast. The complainants, her parents, sought compensation from the opposite parties, alleging negligence and claiming Rs. 25 lakh with interest and litigation costs.
Finding of the Court:
The court found that the complainants failed to establish negligence on the part of the opposite parties in supplying the gas cylinder and using it, and thus dismissed the complaint.
Issues: 1. Whether there was any negligence on the part of the opposite parties resulting in the death of the deceased. 2. Whether the complainants are entitled to compensation even after receiving Rs. 5,00,000, and if so, how much and from whom.
Ratio Decidendi: The court held that the complainants failed to prove negligence on the part of the opposite parties in supplying the gas cylinder and using it, and that the complaint was liable to be dismissed.
Final Decision: The court dismissed the complaint against the opposite parties, ruling that the complainants failed to establish negligence on the part of the opposite parties in supplying the gas cylinder and using it, and that the complaint was liable to be dismissed.
ORDER
Mr. Thota Ashok Kumar, Member -The complainant Nos. 1 and 2 are the parents of one Kandala Adilakshmi, hosteler who died on 28.10.2010 on account the injuries received by her in the cylinder blast accident occurred on 24.10.2010 at about 8 a.m. in the premises of the first opposite party hostel and the said Adilakshmi is hereinafter referred to as the deceased. The opposite party No. 2 is the gas agency which said to have supplied the gas cylinder to the said hostel, opposite party No. 3 is the insurer and opposite party No. 4 is the supplier of the LPG Gas. The deceased software engineer joined in the hostel of the first opposite party around the year 2008 as she was selected in WIPRO Software Company and also for the reason the said hostel was nearer to her place of work. While things thus stood on 24.10.2010 at about 8 a.m. when the deceased and other inmates of the hostel went to the dining hall of the hostel a gas cylinder in the kitchen blasted resulting in serious fire accident due to which watchman of the hostel namely Ramesh died on the spot and the deceased and other hostel mates received serious burns. Soon after the accident the deceased was taken to Image Hospital, Ameerpet where she had undergone treatment for five days and on 28.10.2010 at about 9.45 p.m. she died due to the burns received in the said accident. On the complaint concerned police registered the crime 307 of 2010 on 24.10.2010 for the offence under Sections 304A and 337, IPC against the proprietor of the first opposite party and the owner of the hostel premises since they failed to pay proper precautions in the building and the hostel. The said accident had taken place due to the negligent attitude of supplying defective gas cylinder by the fourth opposite party to the first opposite party hostel through the second opposite party and the said defective cylinder was used by the subject hostel without proper checking of the gas cylinder. The third opposite party Insurance Company had issued policies to all the customers of cooking gas cylinder manufactured, filled in and supplied by the fourth opposite party. The deceased was aged about 23 years during the relevant time, working as software engineer in reputed company aforesaid and was earning Rs. 25,000 per month. She was a gold medallist and got great prospects in her employment and she would have earned Rs. 50,000 per month. The first complainant is retired Government servant, he spent huge amount for the education and career of the deceased. Due to untimely death of their young gainfully employed daughter the complainant Nos. 1 and 2 had undergone depression, mental torture, etc., and they addressed a legal notice dated 5.4.2011 to all the opposite parties for which the opposite party No. 4 issued a reply notice dated 20.5.2011 stating that the claim has been settled by the Insurance Company as per policy at Rs. 5 lakh and also paid Rs. 25,000 to the Image Hospital where the deceased had undergone treatment and thus offered Rs. 4,75,000 to the complainants and that the complainants received the said amount under protest without prejudice to their rights. The opposite parties cannot wash off their hands by paying a meagre amount of compensation which is received under protest and thus the complainants prayed to direct the opposite parties jointly and severally to pay Rs. 25 lakh with 18% interest per annum from the date it fell due till realisation and litigation costs of Rs. 25,000.
2. Despite publication of notice in newspaper the first opposite party did not chose to contest the matter.
3. The opposite party Nos. 2, 3 and 4 filed their separate written versions denying the allegations made in the complaint and disputing the claim made by the complainants. However, the opposite party No. 2 admitted that it supplied the gas cylinder manufactured by the opposite party No. 3 and also that after thorough scrutiny and supervision as per the standards of ISO 902 it was so supplied and that there is
