Oil firm to compensate gas leak victim’s family
28 Oct 2012 4:41 AM IST
The Hindustan Petroleum Corporation Ltd (HPCL) has been ordered by the apex consumer commission to pay Rs 12.8 lakh to the family of a woman who had died in 2002 due to a fire triggered by gas leak from a faulty cylinder.
The National Consumer Disputes Redressal Commission gave the order enhancing the compensation from Rs 10 lakh to Rs 12.8 lakh and holding that the gas leakage occurred due to the HPCL’s faulty gas cylinder and regulator.
The NCDRC’s judgement came on cross appeals by HPCL and the deceased woman’s family challenging the Andhra Pradesh State Consumer Commission’s order to the state enterprise to pay Rs 10 lakh to the victim’s kin.
While HPCL had sought to set aside the state commission’s order, the victim’s family had sought enhanced compensation.
Upholding the state commission’s order on HPCL’s liability, the NCDRC said, ‘The defective regulator was supplied by the appellant (HPCL) and, therefore, it is liable to indemnify the respondents (victim’s family).
‘The State Commission has rightly held the appellant was the manufacturer and it was its duty as well as responsibility to take all possible precautions while filling cylinders before delivering them to the dealer. The complaint has rightly been dismissed against the dealer (of HPCL) as there was manufacturing defect in the cylinder,’ the bench presided by Justice Ashok Bhan said.
The HPCL had contended that the gas leakage was due to the faulty rubber tube used by the consumer (woman), but the NCDRC rejected the argument while dismissing its plea.
The NCDRC, on the other hand, partly allowed the family’s plea observing that the woman was 35 years old at the time of the mishap and was a director of a pharma firm and her annual income was Rs 1,20,000.
The National Consumer Disputes Redressal Commission gave the order enhancing the compensation from Rs 10 lakh to Rs 12.8 lakh and holding that the gas leakage occurred due to the HPCL’s faulty gas cylinder and regulator.
The NCDRC’s judgement came on cross appeals by HPCL and the deceased woman’s family challenging the Andhra Pradesh State Consumer Commission’s order to the state enterprise to pay Rs 10 lakh to the victim’s kin.
While HPCL had sought to set aside the state commission’s order, the victim’s family had sought enhanced compensation.
Upholding the state commission’s order on HPCL’s liability, the NCDRC said, ‘The defective regulator was supplied by the appellant (HPCL) and, therefore, it is liable to indemnify the respondents (victim’s family).
‘The State Commission has rightly held the appellant was the manufacturer and it was its duty as well as responsibility to take all possible precautions while filling cylinders before delivering them to the dealer. The complaint has rightly been dismissed against the dealer (of HPCL) as there was manufacturing defect in the cylinder,’ the bench presided by Justice Ashok Bhan said.
The HPCL had contended that the gas leakage was due to the faulty rubber tube used by the consumer (woman), but the NCDRC rejected the argument while dismissing its plea.
The NCDRC, on the other hand, partly allowed the family’s plea observing that the woman was 35 years old at the time of the mishap and was a director of a pharma firm and her annual income was Rs 1,20,000.
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