SUSHILA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order passed by the Welfare Commissioner, Bhopal Gas vide Annexure P-5 on 21-10-2002, in the matter of settling of the claim filed by the petitioner after death of her husband, Late Babulal, this petition has been filed under Article 227 of the Constitution. It is the case of the petitioner that her husband, Late Babulal, was a resident of Ward No. 27, Rang Mahal, Bhopal, a gas affected area. He suffered the ill-effects of the Bhopal Gas Tragedy and ultimately died on 4-7-88. These facts are admitted. Claiming compensation of Rs. 2.00 lacs, on account of death of her husband on 4-7-88, a claim petition was filed under the Bhopal Gas Leak Disaster Processing of Claims Act, 1985 and the learned Dy. Welfare Commissioner by a detailed order passed on 24-11-1995 allowed the claim in part. Even though it was held that Late Babulal died on 4-7-88 and it was also found that he suffered the ill-effects of MIC Gas and was a resident of the gas affected area at the time of the accident, but finding that his death due to ill-effects of the gas is not proved from the evidence, compensation of Rs. 25,000/- for the injuries suffered has been granted. The order passed by the Deputy Commissioner was taken up in suo motu revision by the 4th Additional Welfare Commissioner and vide order dated 10-8-1996, the Additional Commissioner found that as Babulal was not a resident of the gas affected area, no compensation could be granted to him and, therefore, exercising the powers of suo motu revision the entire claim was rejected.

(2.) The petitioner challenged the same by filing a revision petition before the Welfare Commissioner and the Welfare Commissioner by order dated 21-10-2002 (Annexure P-5) restored the order passed by the Deputy Welfare Commissioner on 24-11-1995 and upheld the compensation granted for the injuries suffered. The Welfare Commissioner found that interference made by the Additional Welfare Commissioner by his order dated 10-8-1996 (Annexure P-4), was not called for. Challenging the claim granted under the category injuries suffered and not on account of death category, this writ petition has been filed.

(3.) It is contended by learned Counsel for the petitioner that once Late Babulal is seen to have died on 4-7-88, then treating him to have died because of the ill-effects of Bhopal Gas Disaster, the entire compensation should have been granted and in allowing the claim only for injuries, it is stated that an error has been committed.