NCC asks HPCL, agency to pay Rs 10.08 lac compensation
Oil major Hindustan Petroleum Corporation Ltd (HPCL) and one of its Delhi-based gas agency have been directed by National Consumer Commission to pay Rs 10.08 lakh as compensation to the family of a victim, who died as a result of the fire caused d...
By PTI |
NEW DELHI: Oil major Hindustan Petroleum Corporation Ltd (HPCL) and one of its Delhi-based gas agency have been directed by National Consumer Commission to pay Rs 10.08 lakh as compensation to the family of a victim, who died as a result of the fire caused due to defective cylinder 11 years ago. Madhuri Govilkar, along with her two children, had sought compensation from the HPCL and Pelicon Gas Agency for accidental death of her husband Suresh Kumar Govilker, an engineer, who died as a result of fire caused while fitting the regulator on the defective cylinder. The Commission held that HPCL and the agency were liable for deficiency of service for supplying defective cylinder to the consumer.
"There is apparent deficiency in manufacturing of the LPG cyliner, which was found burning all around in the periphery of the bottom lip of the regulator with a dense yellow flames", the Commission Bench headed by Justice M B Shah said. Directing the oil major and the agency to pay the compensation to the victims' family within eight weeks with interest of nine per cent per annum, the Bench said it would be open for the gas agency to recover its share from the National Insurance Company Ltd.
Earlier, the Commission rejected the contention of HPCL and its agency that there was some unusual sound when the deceased tried to replace the regulator on the date of incident -- August 26, 1995.
The Commission observed, "there is nothing on record to suggest that the so-called unusual sound was (so) alarming... that deceased would think of calling a person from the office of dealer for fixing the regulator of gas cylinder."
The apex consumer body also noted "a typical negative approach" on the part of the officers of the National Insurance Company Ltd, who had advised the gas agency not to make any admission of compensation without prior consent.
"Such type of preparation of false defence increases the litigation in this country. In any case, such defence on the part of the Nationalised Insurance Company is totally unjustifiable," it remarked while pronouncing the order.
Within four days of the accident, the gas agency had informed the insurance company about the accident as it was covered under the insurance policy.
The Commission, while deciding the quantum of compensation took note of the facts that Govilkar, who died three days after the fire incident, was working as Assistant Director with the Director General, Civil Aviation, New Delhi.
He was also on the approved list of the United Nations Voluntary and International Civil Aviation Organisation as a technical expert.
"There is apparent deficiency in manufacturing of the LPG cyliner, which was found burning all around in the periphery of the bottom lip of the regulator with a dense yellow flames", the Commission Bench headed by Justice M B Shah said. Directing the oil major and the agency to pay the compensation to the victims' family within eight weeks with interest of nine per cent per annum, the Bench said it would be open for the gas agency to recover its share from the National Insurance Company Ltd.
Earlier, the Commission rejected the contention of HPCL and its agency that there was some unusual sound when the deceased tried to replace the regulator on the date of incident -- August 26, 1995.
The Commission observed, "there is nothing on record to suggest that the so-called unusual sound was (so) alarming... that deceased would think of calling a person from the office of dealer for fixing the regulator of gas cylinder."
The apex consumer body also noted "a typical negative approach" on the part of the officers of the National Insurance Company Ltd, who had advised the gas agency not to make any admission of compensation without prior consent.
"Such type of preparation of false defence increases the litigation in this country. In any case, such defence on the part of the Nationalised Insurance Company is totally unjustifiable," it remarked while pronouncing the order.
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Within four days of the accident, the gas agency had informed the insurance company about the accident as it was covered under the insurance policy.
The Commission, while deciding the quantum of compensation took note of the facts that Govilkar, who died three days after the fire incident, was working as Assistant Director with the Director General, Civil Aviation, New Delhi.
He was also on the approved list of the United Nations Voluntary and International Civil Aviation Organisation as a technical expert.
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