Bhopal gas tragedy: SC dismisses Centre’s compensation plea for victims

The Supreme Court on Tuesday dismissed the Centre's recovery plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation to provide higher compensation to the victims of the 1984 Bhopal gas tragedy that killed over 3,000 people and caused environmental damage.

Justice Sanjay Kishan Kaul, led by a five-judge constitution bench, pronounced the verdict. Announcing the verdict, the court said there was no reason why the center should have to deal with the issue two decades after the settlement.

The Supreme Court further said that the amount of Rs 50 crore lying with the RBI for the victims will be used by the Union of India to satisfy the pending claims of the victims. "We are not satisfied with the Union of India that after two decades it has not given any justification to take up this issue... We are of the view that the curative petitions cannot be granted," the bench said.

A bench also comprising Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice JK Maheshwar reserved its verdict on the Centre's curative plea on January 12. The Center wanted an additional Rs 7,844 crore from UCC's successor firms on top of the US$470 million (Rs 715 crore) it received from the US company in a 1989 settlement.

A remedial motion is the plaintiff's last option after an adverse judgment has been rendered and a motion for reconsideration has been denied. The center did not file a review motion to overturn the settlement, which it now wants to strengthen.

UCC, now owned by Dow Chemicals, provided compensation of Rs 470 million USD in 1989 after the toxic methyl isocyanate gas leak from the Union Carbide factory on the night of 2-3 December 1984 killed over 3,000 people and affected 1.02 lakh. more.