Research › Browse › Judgment

Supreme Court of India · body

2006 DIGILAW 936 (SC)

Union Carbide Corporation Ltd. v. Union of India

2006-08-23

C.K.THAKKER, P.K.BALASUBRAMANYAN, Y.K.SABHARWAL

body2006
ORDER : Y.K. Sabharwal, C.J.I. IAs Nos. 56-57 The prayer in the application is that Welfare Commissioner, Bhopal Gas Victims, Bhopal be permitted to close the cases for all times to come, of those claimants whose names have been published in the newspapers and notices have been issued to them on the last known address but who failed to appear even up to 30-4-2006 which was the last date fixed for pro rata disbursement by this Court in terms of the order dated 25-4-2005. On the other hand, Ms Indira Jaising, learned Senior Counsel appearing for Bhopal Gas Peedith Sangharsh Sahayog Samiti and Bhopal Gas Peedith Mahila Udyog Sangathan, submits that these persons were made the initial payment, and, at this stage, without further efforts, the cases may not be permitted to be closed as prayed. According to the affidavit of the Welfare Commissioner, the total number of cases is 18,983. As at present, we direct the applicant Welfare Commissioner to supply a list of the persons, whose cases are sought to be closed, to the NGOs, Bhopal Group for Information and Action, Bhopal Gas Peedith Sangharsh Sahayog Samiti and Bhopal Gas Peedith Mahila Udyog Sangathan. As prayed by learned counsel, these NGOs can make such efforts to trace these persons and inform the Court on the next date of hearing. 2. The application is deferred for six months. WP (C) No. 50 of 1998 3. We have perused the order dated 2-5-2006 as also the affidavit (action taken report) submitted on behalf of the State of Madhya Pradesh. List the matter again after three months within which period a status report shall be filed by the Monitoring Committee. IAs Nos. 48-49 4. According to the applicant, the figure of compensation of 450 million dollars was worked out on the assumptions which have turned out to be wholly fallacious. According to the application, that amount was worked out on the assumption that there were 3000 cases of death and about one lakh cases of injury. It is submitted that now actual figures are available. According to the applicant, in 15,248 cases, compensation in Category IV (death cases) has been sanctioned and in injury cases, compensation has been sanctioned in 5,54,895 cases. It is submitted that now actual figures are available. According to the applicant, in 15,248 cases, compensation in Category IV (death cases) has been sanctioned and in injury cases, compensation has been sanctioned in 5,54,895 cases. The submission in the application, therefore, is that the actual cases of suffering were five times more than those assumed at the time of the sanction of the amount of 450 million dollars. 5. Apart from legal submissions, on facts, it has been pleaded in the counter-affidavit filed on behalf of the Union of India that only 5207 cases were found to have nexus with the gas exposure and death and in such cases, the amount between one lakh to five lakhs was granted. It is further pleaded that in 10,007 cases, it could not be proved that death was caused due to exposure or ill effect of MIC and, therefore, the categories were virtually changed and compensation between Rs 25,000 and Rs 1,00,000 was awarded. Regarding the compensation to over 5,50,000 other cases, it is pleaded and contended that whoever was present and filed claim was granted compensation sum on account of trauma that had to be gone through because of the gas leakage. 6. In support of the facts given in the application, reliance has been placed on the documents published by the State Government. 7. Under the aforesaid circumstances, learned counsel for the Union of India prays for an adjournment to file a detailed affidavit to support the stand of the Union of India about the number of cases and the cause of suffering and/or death. We permit such an affidavit to be filed and the same shall be filed within four weeks. Reply to that affidavit be filed within four weeks thereafter. 8. List after ten weeks.