MATALOOB HUSSAIN Vs. WELFARE COMMISSIONER GAS VICTIMS BHOPAL

JUDGEMENT

(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.