1999 AIR SCW 4893 ::1999 ADSC 9 261 ::(1999) 2 ACC 638 ::2000 (10) SCC 421 ::(2000) 3 Raj LW 417 ::(1999) 6 Scale 571 ::(2000) 38 All LR 553 ::(1999) 3 CPJ 34 ::(1999) 3 Pun LR 704 ::(2000) 1 All WC 809 ::(1999) 10 JT 346 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Wadhwa , JJ

Consumer Protection Act (68 of 1986) , S.2— Compensation - Bursting of Pressure Cooker - Explosion caused fracture of right hand - Compensation and medical expenses incurred claimed - Accident reported to appellants manufacturer of cooker after about a year - No explanation as to why it could not be reported immediately - Victim who sustained injuries, not examined, nor any affidavit filed by her - Maxim res ipsa loquitur cannot be invoked - Accident whether occurred on account of manufacturing defect or misuse of Pressure Cooker by respondent or victim - No burden can be placed upon appellant - manufacturer to explain cause of accident - Held, further, in view of fact that medical facilities being available at place where victim resided, amount spent on journey undertaken for medical treatment at other place - Cannot be claimed. (Para 6 7)