Plea seeking change in death category for aid dismissed

Source: The Hitavada      Date: 04 Apr 2018 10:37:00


 

 

Legal Correspondent

IN THE matter related to Bhopal Gas Tragedy, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice V K Shukla said ‘we find that authorities as well as the Welfare Commissioner has taken into consideration evidence on record and has rightly held that the petitioner could not substantiate his claim that his father had suffered death on account of MIC gas inhalation and not entitled for change of category from 5-2(d) to '04' under Schemes Category for gas victims. We do not find any error in the order impugned. Hence, writ petition is dismissed.’ Petitioner for change of category of his father from 5-2(d) to category '04' which is death category for compensation as gas victims.’


Division bench of MPHC heard the petition filed by Sharad Kumar Khare against the Union of India. The petitioner has invoked writ jurisdiction challenging decision of authorities rejecting claim of petitioner for change of category of his father from 5-2(d) to category '04' which is death category for compensation as gas victims. Case of original claimant was classified under Schemes category 5-2(d). Accordingly, compensation and pro-rata compensation to the tune of Rs 1,00,000 was paid. Thereafter, the petitioner filed an application for categorisation of case, his father under Category '04' which is death category on the ground that the original claimant had died due to inhaling poisonous gas. The matter was examined in detail by Deputy Welfare Commissioner as also by the Additional Welfare Commissioner and it was found that death of original claimant did not take place on account of MIC gas inhalation.


Welfare Commissioner in revisional jurisdiction examined the case of petitioner in the light of evidence on record and has found that the Deputy Welfare Commissioner and Additional Welfare Commissioner did not commit any error in classifying original claimant under 5- 2(d) category. It has also been considered that in support of his claim, the petitioner has examined three doctors. Dr Sugandh Chand Jain, Dr Yogesh Mehrotra and Dr Prakash Chandra, but all three doctors stated that original claimant was suffering from high blood pressure resulting into Bronchaiseptic Disease and there was no symptoms that the original claimant had suffered from MIC ill effect.


Counsel for the petitioner submitted that authorities have failed to take into consideration the Exhibit-C14 where the doctor has certified that original claimant had undergone treatment for hypertension since past about two years. In addition, he was exposed to toxic gas from Union Carbide on December 3, 1984. He requires a prolonged treatment of his illness. In para 6 of the statement, the same medical expert Dr Sugandh Chand Jain stated that on the basis of the history he had mentioned that the patient had came into contact of MIC gas but he did not find any symptoms that he had suffered from MIC ill-effect. We find that the authorities as well as the learned WelfareCommissioner has taken into consideration the evidence on record and has rightly held that the petitioner could not substantiate his claim that his father had suffered death on account of MIC gas inhalation and not entitled for change of category from 5-2(d) to '04' under Schemes Category for gas victims, the division bench mentioned in the order.