Bengaluru: Fourteen years after Aboobacker’s attempt to fix an LPG regulator triggered a cylinder blast, injuring five people, including two minors, the victims secured partial relief. However, after hearing both sides, the state commission set aside the earlier district commission order and enhanced the amount to Rs 5 lakh, saying compensation must justify the harm done and injuries suffered.The saga began on June 4, 2012, when Shah attempted to attach the regulator to a freshly delivered LPG cylinder supplied by Shivaneel Gas Agency — an authorised Indane distributor operating under Indian Oil Corporation — and there was a sudden and violent gas leakage. The cylinder burst into flames, the fire engulfed the kitchen and spread through the house, causing grievous burn injuries to five people.Among the victims were two young girls — Masumsha, four-year-old daughter of house owner Mohammed Kalandar Shah, and Fahma, seven-year-old daughter of Aboobacker. Both children suffered 39% burns. The other three victims — Aboobacker, his wife Sarfana and their relative Bifathima — sustained 8%, 14% and 11% burns, respectively. All five were rushed to govt hospital, Aldur, and subsequently shifted to MG Hospital, Holy Cross Hospital and Kasturba Hospital in Chikkamagaluru, where they were inpatients from June 4 to June 18, incurring significant medical expenses.Following the incident, a police complaint was registered, and representatives of Indian Oil Corporation and Shivaneel Gas Agency visited the site. The matter was reported for settlement under the public liability policy held by Indian Oil Corporation with National Insurance Company, Chikkamagaluru branch. However, no compensation was forthcoming. Alleging serious deficiency in service, the five victims filed separate consumer complaints before district consumer disputes redressal commission, Chikkamagaluru.The commission, after a full hearing, passed its order on Dec 17, 2016, partly allowing the complaints. It directed the insurance company to pay compensation of Rs 4.5 lakh, including medical expenses, an additional Rs 10,000 as compensation and Rs 1,000 as litigation costs to each complainant. The complaints against Indian Oil Corporation and Shivaneel Gas Agency were dismissed.Unsatisfied, all five complainants filed appeals before Karnataka State Consumer Disputes Redressal Commission in 2017, seeking enhancement of the compensation amounts. They alleged the victims suffered severe burn injuries, underwent prolonged hospitalisation, incurred heavy medical expenses and endured lasting facial disfigurement, and that the compensation awarded fell far short of what justice demanded.National Insurance Company and Indian Oil Corporation argued the public liability policy carried a ceiling of Rs 1 lakh per person and that the incident was attributable to the negligence of the customer in attempting to fix the regulator without any technical knowledge or assistance from the dealer.The commission on March 23, after going through all documents, concluded that while the compensation awarded to Masumsha and Fahma was adequate and required no enhancement, the amounts granted to the remaining three complainants were disproportionately low.Accordingly, the bench dismissed appeals filed by the two minors and allowed appeals enhancing the compensation from Rs 40,000 to Rs 50,000 for Bifathima, from Rs 60,000 to Rs 75,000 for Aboobacker, and from Rs 50,000 to Rs 70,000 for Sarfana. The rest of the district commission’s order was kept intact.
