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Bhopal Gas Tragedy: Supreme Court rejects Central government's curative petition for enhancement of compensation
14 Mar 2023
The Court said that imposing greater liability on Union Carbide Corporation is not warranted and reopening the issue will only open a pandora's box and will be detrimental to the claimants.
The Supreme Court on Tuesday rejected a curative petition filed by the Central government seeking additional compensation to be paid by American chemical company, Union Carbide Corporation (UCC) to the victims of the 1984 Bhopal gas tragedy [Union of India vs Union Carbide Corporation].
A Constitution Bench of Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari said that imposing greater liability on Union Carbide Corporation is not warranted and reopening the issue will only open a pandora's box and will be detrimental to the claimants.
"The method to impose greater liability on UCC is not warranted. We are disappointed in the union for not having addressed this. Nearly 6 times compensation has been disbursed to the victims compared to the pro rata. Centre to use ₹50 crores lying with RBI to address the needs of the claimants in the Bhopal gas tragedy case. If it is reopened, then it will only work in favour of UCC by opening a pandora's box and will be to the detriment of the claimants," the Court said.
The bench had on January 12 this year reserved its verdict in the curative petition filed by the Central government in the case.
The pleas, including that of survivor/victims' organisations seeking impleadment, sought enhancement of compensation for deaths and injuries caused by the 1984 tragedy.
An earlier top court order concerning the settlement amount made by Dow Chemicals/Union Carbide Corporation to the families of the victims and survivors of the tragedy, was challenged.
During the course of the hearings, the bench had said that it could not turn the case into a suit to determine the compensation afresh, and reiterated the limitations of its jurisdiction under curative petitions.
Pertinently, the Court had remarked that it was incorrect to argue that the settlement was thrust on the parties concerned.
Attorney General (AG) for India R Venkataramani appeared for the Central government.
Senior Advocate Sanjay Parikh and advocate Karuna Nundy represented organisations formed by the tragedy's victims and their families.
Senior Advocate Harish Salve appeared for the Union Carbide Corporation.
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