Kamal Maharana And Another vs @Hash Union Of India And Others

Arindam Sinha, J

Ms. Mohapatra, learned advocate appears on behalf of petitioners, who are still minor and represented by their guardian. She submits, it will appear from final report dated 30th September, 2014, filed by the police that on 27th July, 2014 at about 9.30 PM, when mother of the children went to light the gas burner, there was fire engulfing her. When the father went to save the mother, the fire engulfed both of them and they died. The police reported accidental leakage of domestic gas.

She submits, in paragraph 6 of the counter, the oil company has said, the information came to knowledge of it during year 2016-17, when it received notice of the writ petition.

Mr. Acharya, learned senior advocate appears on behalf of the oil company and submits, the writ petition does not disclose a cause of action, let alone a case for compensation. Since the incident was not informed to his client, corresponding intimation to the insurance company, under the public policy could not be made nor claim lodged. He submits, the writ petition should be dismissed.

State through IIC, Dharakot P.S., district Ganjam is added as party. Petitioner will file consolidated cause title and cause service upon Mr. Sharma, learned advocate, Additional Government Advocate, present in Court. State through concerned P.S. is directed to file affidavit regarding investigation into the unnatural death case, particularly on final report saying, inter alia, accidental leakage of domestic gas.

State will file the affidavit by 4th November, 2022 on copy served to learned advocates for petitioner and the oil company. The affidavit will be accepted on adjourned date.

List on 11th November, 2022.

...............................................