1 Appeal No.1977 & 2377/2017
Date of Filing : 28.09.2017 & 21.11.2017
Date of Disposal : 26.09.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 26th DAY OF SEPTEMBER 2022
PRESENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs. M.DIVYASHREE : LADY MEMBER
APPEAL NO.1977 & 2377/2017
APPEAL NO.1977/2017:
The Branch Manager
United India Insurance Co. Ltd.,
No.1119/B, Kambli Building,
M.C.Road, Mandya.
Through its Regional Office:
United India Insurance Co. Ltd.,
5th Floor, Krishi Bhavan,
Hudson Circle,
Bangalore-560001.
Rep. by its Manager Bharathi ..Appellant/s
(By Sri.S.Krishna Kishore, Advocate)
Vs
1. N.P.Manjappa
Aged About 56 Years,
S/o Late B.M.Puttaswamy,
R/o Nelamane Village,
K.Shettahalli Hobli,
Srirangapatna Tq.,
Mandya Dist. ..Respondent No.1
(R1 By Sri.R.S.Ravi, Advocate)
2. Hindustan Petroleum Corporation Ltd
2 Appeal No.1977 & 2377/2017
Bengaluru LPG Regional Office,
No.3 & 4, Whitefield Road,
Mahadevapura Post,
Bengaluru-48. ..Respondent No.2
(R2 By Sri.Mallikarjun C Basareddy, Advocate)
APPEAL NO.2377/2017:
N.P.Manjappa
Aged About 56 Years,
S/o Late B.M.Puttaswamy,
R/at Nelamane Village,
K.Shettahalli Hobli,
Srirangapatna Tq.,
Mandya Dist. ..Appellant/s
(By Sri.R.S.Ravi, Advocate)
Vs
1. United India Insurance Co. Ltd.,
Divisional Office, No.226,
Canada Building, Dr.D.N.Road,
Fort, Mumbai-400001. ..Respondent No.1
2. The Branch Manager
United India Insurance Co. Ltd.,
No.1119/B, Kambli Building,
M.C.Road, Mandya. ..Respondent No.2
(R1 & R2 By Sri.S.Krishna Kishore, Advocate)
3. Hindustan Petroleum Corporation Ltd.,
Bengaluru LPG Regional Office,
No.3 & 4, Whitefield Road,
Mahadevapura Post,
Bengaluru-48.
Rep. by its Regional manager ..Respondent No.3
O R D E R
3 Appeal No.1977 & 2377/2017
BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
1. These are the appeals filed U/s.15 of CPA 2019 aggrieved by
the order dtd.29.08.2017 passed in CC/700/2015 on the file of
Mandya District Forum. One appeal is filed by OP.1 & 2 and
another is filed by Complainant.
2. The Commission examined the grounds of appeal, impugned
order, appeal papers and heard the learned counsels on record
for the appeals.
3. Learned counsel for Appellant/Complainant in A/2377/2017
submits that Forum below failed to consider Panchanama
drawn by the police wherein found damages assessed at Rs.15
lakhs and submits huge amount is required for reconstruction
of his house and to purchase house hold articles burnt in the
blast taken place on 25.04.2015 at about 8.30 a.m. while wife of
the Complainant was preparing for cooking by usage of HP gas
cylinder supplied by OP.3. On the contrary, in A/1977/2017
Appellant/OP.1 & 2 would contend that Forum below has failed
to consider the ‘Public Liability Policy for OIL Industries’ which
provides for ‘property damage per event at authorized customers
registered premises is Rs.1 lakh which is maximum’ and the
Appellant/OP.1 already credited Rs.90,000/- to the account of
the Complainant by deducting Rs.10,000/- accepting the event
4 Appeal No.1977 & 2377/2017
of damage to the property of the Complainant due to usage of
LPG cylinder during the policy period and the Forum below
directed OP.1 to 3 jointly and severally to pay Rs.4,90,000/-,
Rs.5,000/- (compensation) and Rs.2,000/- (cost) along with
interest at 9% p.a. is contrary to the facts and law is liable to be
set aside.
4. Let us examine,