MATALOOB HUSSAIN v. WELFARE COMMISSIONER GAS VICTIMS BHOPAL
2007-07-31
A.K.PATNAIK, AJIT SINGH
body2007
DigiLaw.ai
Judgment ( 1. ) THE petitioner who is a victim of Bhopal Gas Tragedy, was awarded compensation of Rs. 25,000/- by the Deputy Welfare Commissioner, Bhopal gas Victims, Bhopal. The petitioner preferred an appeal but the Additional welfare Commissioner, Bhopal Gas Victims, Bhopal, rejected the appeal vide order dated 29-5-2000. Against the said order of the Additional Welfare commissioner, Bhopal Gas Victims, Bhopal, the petitioner filed a revision before the Welfare Commissioner, Bhopal Gas Victims, Bhopal and by order dated 26-9-2004, the Welfare Commissioner enhanced the compensation to rs. 50,000/- after considering the evidence of Dr. Shailendra Dubey on record in which he has stated that the petitioner has been suffering from bronchial asthma and asthmatic bronchitis caused due to exposure of MIC gas. ( 2. ) THE petitioner who himself appeared, submitted that from the evidence of Dr. Shailendra Dubey, it is clear that he was to continue to suffer from bronchial asthma and asthmatic bronchitis for his entire life and required frequent treatment from time to time. He submitted that the disability that the petitioner was suffering, was thus of permanent nature and in case of such permanent disability, compensation between Rs. 50,000/- to Rs. 2,00,000/- is to be awarded to the petitioner as per the instructions of the Welfare commissioner, Bhopal Gas Victims, but in this case, the Welfare Commissioner has awarded only Rs. 50,000/- which was the minimum amount of compensation in case of permanent disability. ( 3. ) MR. O. P. Namdeo, learned Counsel appearing for the respondent, on the other hand, submitted that the Welfare Commissioner has enhanced the compensation awarded in favour of the petitioner from Rs. 25,000/- to Rs. 50,000/- and the High Court in exercise of power under Article 226 of the constitution, will not appreciate or re-appreciate the evidence with regard to the quantum of compensation payable to the petitioner. ( 4. ) WHILE it is true that the evidence with regard to quantum of compensation payable to the petitioner will not be normally appreciated or re-appreciated by the High Court in exercise of its power under Article 226 of the Constitution, this is a case where admittedly, Dr. Shailendra Dubey, who had treated the petitioner for the two ailments of bronchial asthma and asthmatic bronchitis has stated that the ailments of the petitioner were to continue during his life time.
Shailendra Dubey, who had treated the petitioner for the two ailments of bronchial asthma and asthmatic bronchitis has stated that the ailments of the petitioner were to continue during his life time. Thus, the petitioner is entitled to expenses for the treatment that he has undergone from 1984 when the incident took place and the expenses for the treatment he is required to undergo treatment in his entire lifetime. Certainly, the amount of Rs. 50,000/- awarded by the Welfare Commissioner, Bhopal Gas victims Bhopal, is not adequate compensation and has to be enhanced to a sum of Rs. 1,00,000/- (Rs. One lac ). ( 5. ) FOR the aforesaid reasons, we modify the impugned order dated 26-9-2004 of the Welfare Commissioner, Bhopal Gas Victims, Bhopal, in Case no. 4340-K/93 (Claim No. 432039) and direct that the petitioner be paid compensation of Rs. 1,00,000/- (Rs. One lac) instead of Rs. 50,000/- and the famount paid if any, shall be adjusted against the aforesaid sum.