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2026 Supreme(Online)(Mad) 37297
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Lekasri.R (Minor) Rep.by Her Guardian and Grandmother Govindammal – Appellant
Versus
Senior Manager Indance LPG Company – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.D. Prasanna Kumar
For the Respondents: Mr.Mohammed Fayaz Ali for R1 to R3
Writ court cannot adjudicate compensation claims under Public Liability Insurance Act; direct to statutory authority.
Headnote:The petitioner, a minor represented by her guardian, sought mandamus under Article 226 for enquiry into an LPG cylinder explosion causing parents' death and her injuries, claiming compensation under insurance policy from gas suppliers, corporation, agency, and insurer. Relevant law: Section 6(2) of the Public Liability Insurance Act, 1991 mandates application to District Collector for claims involving hazardous substances. Court found disputed facts on accident cause and liability unsuitable for writ jurisdiction. Issues framed: Whether High Court can adjudicate compensation claims bypassing statutory procedure under Public Liability Insurance Act. Ratio: Writ court refrains from merits where specific statutory mechanism exists for enquiry and compensation by competent authority.
Result: Writ petition disposed directing petitioner to apply under Section 6(2) to District Collector within one week; Collector to enquire and decide within six weeks.
| Table of Content |
|---|
| 1. lpg explosion killed parents, injured minor petitioner. (Para 2 , 3) |
| 2. petitioner seeks compensation; respondents cite statutory claim process. (Para 5 , 6 , 7) |
| 3. disputed facts require statutory adjudication, not writ jurisdiction. (Para 8 , 9 , 10 , 11) |
| 4. direct application to district collector for enquiry and orders. (Para 12 , 13 , 14) |
ORDER
The present writ petition has been filed seeking a direction to the respondents to conduct an enquiry into the LPG cylinder explosion dated 14.12.2020 and to grant compensation to the petitioner for the death of her parents and the injuries sustained by her.
2. The case of the petitioner is that she is a minor, represented by her grandmother and guardian. On 14.12.2020, an LPG cylinder explosion occurred at her residence, which was supplied by the 5th respondent. In the said incident, the petitioner’s mother died on 15.12.2020 and her father on 18.12.2020 due to burn injuries. The petitioner also sustained grievous injuries and has been under treatment.
3. It is stated that the LPG connection stood in the name of the petitioner’s father and that the accident occurred due to leakage/defect in the cylinder. The petitioner has been rendered an orphan and is presently under the care of her aged grandmother.
4. According to the petitioner, despite representations lastly on
11.03.2026, neither any enquiry has been conducted nor any compensation has been paid, though for the alleged accident, it is covered under an Insurance Policy. Hence this writ petition with the aforesaid prayer.
5. Learned counsel for the petitioner submitted that the accident has resulted in the death of both parents of a minor child and serious injuries to her, and the respondents are liable to compensate the petitioner. He further submitted that the petitioner, being a minor, has approached this Court through her grandmother, as no effective steps have been taken by the respondents. In view of the above, he prayed for issuance of suitable directions by this Court.
6. Per contra, the learned counsel for the respondents submitted that as per the statutory scheme, the petitioner is required to submit an application under Section 6(2) of The Public Liability Insurance Act, 1991, before the District Collector for claiming compensation.
7. He also submitted that such application has to be made within the prescribed period of limitation, namely five years from the date of the incident, and the District Collector, upon receipt of such application, would conduct an enquiry on the said incident involving hazardous substances, between the petitioner and the respondents as well as the insurance company, and pass appropriate orders.
8. This Court has considered the submissions made by learned counsel on either side and perused the materials on record.
9. The petitioner, a minor child, has lost both her parents in the LPG cylinder explosion and has also sustained injuries. The claim for compensation involves disputed questions of fact, including the cause of the accident, liability, and quantification of compensation, which require adjudication by the competent authority under the statutory mechanism.
10. In view of the specific procedure contemplated under Section 6(2) of The Public Liability Insurance Act, 1991, this Court is not inclined to adjudicate the claim on merits in exercise of its jurisdiction under Article 226 of the Constitution of India.
11. However, considering the peculiar facts of the case and the status of the petitioner as a minor, this Court is of the view that an opportunity should be granted to the petitioner to approach the competent authority.
12. Accordingly, the District Collector, Kancheepuram, is suo motu impleaded as the 6th respondent.
13. The petitioner is directed to file an appropriate application under Section 6(2) of The Public Liability Insurance Act, 1991 before the 6th respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of such applicatio
