Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bhopal Gas Tragedy Case Curative petitionsseeking increase in the settlement amount |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Bhopal Gas Leak Disaster (processing of Claims) Act, 1985 (21 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Curative Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Bhopal Gas Tragedy Case – Curative petitions filed by the Union of India seeking increase in the settlement amount – Held: Present petitions were filed by the Union of India 19 years post the settlement seeking to reopen the same – The very basis for the original settlement was the need to provide immediate succour to the victims through medical relief, rehabilitation measures etc. – Without a settlement, immediate funds would not have been available for the victims – Finality was reached at an early stage by way of the settlement – Endeavours to reopen the same proved unsuccessful – Now the curative petitions have been filed by the Union of India having not filed review petitions – Further, admittedly, the amount of settlement was found to be in surplus of the actual requirement – Thus, settlement amount was sufficient to compensate the claimants – Rs.50 crore remains with the Reserve Bank of India lying undisbursed – The exchange rate worked in the Union’s favour as the exchange rate of the Dollar rate escalated – Some interest on the settlement amount also came in – Furthermore, in the review judgment, in case of a shortage, the responsibility was placed on the Union of India to make good the deficiency and to take out the relevant insurance policies – However, no such insurance policy was taken out – The Union cannot be negligent on this aspect and then seek a prayer to fix such liability on UCC – Rs. 50 crore lying with the RBI to be utilised by the Union of India to satisfy pending claims, if any, in accordance with the 1985 Act and the Scheme framed thereunder – Union of India’s claim for ‘topping up’ the settlement amount has no foundations in any known legal principle – Curative petitions not entertained – Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985. Curative petition – Held: A curative petition relates to a re-examination of a final judgment of Supreme Court that has already undergone such re-examination through the review jurisdiction – Court’s inherent power ought not to be exercised as a matter of course – Court should be circumspect in reconsidering an order that had become final on dismissal of the review petition – However, in the present case in view of the nature of the matter, the curative petitions were examined despite the preliminary objection on maintainability |
Judge | N/A |
Neutral Citation | 2023 INSC 222 |
Petitioner | Union Of India & Ors. |
Respondent | M/s. Union Carbide Corporation & Ors |
SCR | [2023] 2 S.C.R. 881 |
Judgement Date | 2023-03-14 |
Case Number | 345 |
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