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2008 (1) TMI 890 - SC - Indian Laws

Issues Involved:
1. Compensation payable to a Bhopal gas tragedy victim.

The judgment relates to the compensation payable to a victim of the Bhopal gas tragedy. The appellant, who was in the womb of his mother on the day of the tragedy, subsequently born, filed an application for compensation under the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985. The medical examination reports initially classified him as 'normal' under general injuries, but later categorized him under 'temporary partial disability' due to respiratory problems attributed to the gas exposure, awarding compensation of Rs. 45,000. An appeal was filed seeking increased compensation, which was partially allowed by the First Additional Welfare Commissioner, raising the compensation to Rs. 55,000.

2. Reconsideration of compensation amount and categorization.

The appellant sought further increase in compensation to Rs. 1,00,000 based on continued medical treatment. Various appeals and applications were made for modification and reconsideration of the compensation amount. However, the courts consistently upheld the earlier decisions, stating that the appellant failed to demonstrate entitlement to a higher compensation category under the scheme. The final appeal was dismissed by the Supreme Court, affirming the previous decisions and categorization of the appellant for compensation purposes.

 

 

 

 

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