Retired BSNL pensioner dies in LPG leak fire, widow wins Rs 5 lakh from Indane Oil

A woman whose husband died of burn injuries in 2015 following a gas leakage incident in their home has secured Rs 5 lakh compensation from Indane Oil Corporation and its distributor, with the Telangana State Consumer Commission holding that LPG accident victims are entitled to relief on a “no-fault basis” without having to prove negligence.

President Meena Ramanathan, along with members K Ranga Rao and Seshubabu, observed that victims do not need to prove negligence or wrongful intent and only have to establish that the injury or death directly resulted from gas leakage.

“The public liability clause applies to a gas leakage incident as soon as a third party suffers injury, death or property damage due to a sudden release of hazardous material. The registration of a medico-legal case (MLC) serves as a formal official documentation of the injuries and establishes the cause. The clause applies on a ‘no fault basis’,” the June 8 order read.

The commission was hearing the plea filed by B Balamani, widow of late Rajappa, a retired BSNL employee and pensioner, seeking directions to Indane Oil Corporation Ltd and other parties to pay Rs 30 lakh to her family along with Rs 2 lakh towards damages and mental agony.

‘No-fault basis’

The commission held that the registration of a medico-legal case (MLC) serves as formal official documentation of the injuries and establishes the cause. The clause applies on a “no-fault basis”.

The commission further observed that an MLC, coupled with police records and a physician’s certificate detailing the injuries, is sufficient to maintain a compensation claim.

The consumer body jointly and severally directed Indane Oil Corporation Ltd and Madhavi Gas Agency to pay Rs 5 lakh to the complainant along with Rs 25,000 towards costs.

The commission also pointed out that the oil company and the distributor would be at liberty to seek reimbursement from the insurer in accordance with the policy terms and conditions.

A man’s death, over 10-year battle

The complaint was filed by a 55-year-old woman, the wife of the late Rajappathe, a retired BSNL employee and a pensioner.

It was claimed by the complainant that on May 11, 2015, at about 5 am her husband went to the kitchen and switched on the light and due to leakage of gas, there was a cylinder blast and her husband suffered severe injuries.

She added that her husband was shifted to Apollo Hospital and later to Apollo DRDO. It was claimed that while undergoing treatment at Apollo DRDO, her husband died on May 14, 2015, due to first degree burns.

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It was her case that Madhavi Gas Agency (Indane Gas Distributors Ltd) had been supplying gas cylinders to the Indane Oil Corporation Ltd, the distributor, and there was no proper care in supplying the cylinder due to which the mishap occurred.

Aggrieved by this incident and her husband’s death, the woman filed this complaint in the commission, where she was represented by advocate IVRK Murthy in the matter.

Defences submitted by parties

Appearing for Indane Oil Corporation Ltd, advocate H Yogesh Kumar argued that the complainant had failed to implead United India Insurance Company Ltd initially and contended that the insurer was a necessary party to the proceedings. He further submitted that rigorous quality checks are carried out at both the plant and distributor levels to eliminate defective cylinders.

Advocate Vijaya Lakshmi, representing Madhavi Gas Agency, on the other hand, raised the issue that there was no whisper about damage caused to the property in the police report, legal notice or claims petition before this commission.

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It was further claimed by the agency that the pattern of burns as outlined suggests significant burns on the head, neck, both upper limbs, and there are only patches of burns on the back of the trunk.

It was added that since LPG is settled on the ground, the person will be engulfed in the fire and there would be no difference in the extent of burns.

It was submitted by the agency further that the sequence of events leading to the fire and burns cannot be solely attributed to the LPG blast in the absence of proper investigation and enquiry.

Advocate Shankar, representing United India Insurance Co Ltd, opposed the complaint and submitted that there was no positive evidence to show that the complainant’s family members had switched off the regulator on the preceding night. He further contended that neither the oil company nor the distributor had been informed immediately after the incident or about Rajappa’s subsequent death.

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Significance of ruling

This ruling highlights that victims of LPG-related accidents or their families are entitled to compensation on a “no-fault basis”, meaning they are not required to prove negligence on the part of the oil company or distributor.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (National Commission contact: 1800 11 4000) or call the National Consumer Helpline at 1915 for assistance.