STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/A/22/1259 THE NEW INDIA INSURANCE CO LTD PRESENT ADDRESS - THRO BANK NMANAGER CIVIL WARD NO3 OP 32 SOLOMON COMPOUND JABALPUR ROAD DAMOH,MADHYA PRADESH.

.......Appellant(s)

Versus JAGDISH PATEL PRESENT ADDRESS - S/O KESHAV PATEL SAKIN WARD NO 12 TEHSIL PATHARIYA DIST DAMOH,MADHYA PRADESH.

MANAGER MAHAKAL GAS AGENCY PRESENT ADDRESS - BHARAT GAS THANA ROAD PATHARIYA TEH PATHARIYA DIST DAMOH,MADHYA PRADESH.

OFFICER IN CHARGE BHARAT PETRROLIUM CORP LTD PRESENT ADDRESS - 4 & 6 KARIM BHAI ROAD PO 688 BELLARD MUMBAI,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT:

THE NEW INDIA INSURANCE CO LTD FOR THE RESPONDENT:

JAGDISH PATEL DATED: 11/03/2026

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1259 OF 2022

(Arising out of order dated 10.08.2022 passed in C.C.No.22/2019 by District Commission, Damoh)

THE NEW INDIA ASSURANCE CO.LTD.

THROUGH BRANCH MANAGER, CIVIL WARD NO.3, O.P.32 SOLOMON COMPOUND, JABALPUR ROAD, DAMOH (M.P.) … APPELLANT.

Versus

1. JAGDISH PATEL S/O SHRI KESHAV PATEL, R/O SAKIN WARD NO.12, TEHSIL-PATHARIYA, DISTRICT-DAMOH (M.P.)

2. MANAGER, MAHAKAL GAS AGENCY, (BHARAT GAS) THANA ROAD, PATHARIYA TEHSIL-PATHARIYA, DISTRICT-DAMOH (M.P.)

3. OFFICER IN CHARGE, BHARAT PETROLEUM, 4 & 6 KARIM BHAI ROAD, P.O.688, BELLARD ESTATE, MUMBAI (MS) ... RESPONDENTS.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Mahavir Bhatnagar, learned counsel for the appellant.

Respondent no.1 is present in person.

None for the respondent no.2.

Shri Pankaj Waghmode, learned counsel for the respondent no.3.

O R D E R

(Passed On 11.03.2026)

Per Say Justice Sunita Yadav, President:

The opposite party no.3/appellant-New India Assurance Company Limited (for short 'insurance company') has filed this appeal against the order dated 10.08.2022 passed by the District Consumer Disputes Redressal Commission, Damoh (for short ‘District Commission)

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in C.C.No.22/2019 whereby the District Commission has allowed the complaint filed by the respondent no.1/complainant against the opposite party no.3/appellant-

insurance company.

3. Facts of the case in short are that the complainant-Jagdish Patel had obtained a domestic LPG gas connection having consumer number 61883034 from the opposite party no.1-dealer (Mahakal Gas Agency) who is the distributor/dealer of the opposite party no.2-Bharat Petroleum. The opposite party no.3 is the New India Assurance Company Limited. It is submitted by the complainant that on 18.04.2017 when his wife was cooking food, all of sudden fire broke out in gas pipe due to which household articles including grain, clothes got burnt. The complainant tried to extinguish the fire due to which he also got burnt. The complainant immediately informed the Corporator, Municipal Council, Pathariya and Police Station. The complainant got treated in District Hospital Damoh from 19.04.2017 to 29.04.2017 thereafter his treatment was done at Nagpur. On getting well the complainant informed the opposite party no.1-dealer on 27.05.2017 and applied for compensation. On 15.05.2017 the complainant also applied to Tehsildar, Pathariya for getting compensation of Rs.1,60,000/-. It is further submitted by the complainant that the opposite party no.1 and 2 filed complainant's claim with the opposite party no.3-insurance company but the same was -3-

repudiated by the insurance company on the ground that the claim is not covered under the policy. The complainant therefore alleging deficiency in service on part of opposite parties filed a complaint before the District Commission seeking relief of Rs.1,60,000/-.

4. The opposite party no.1/respondent no.2-dealer/distributor-Mahakal Gas Company in its reply before the District Commission submitted that on the basis of intimation given by the complaina