Union Carbide Corporation a Corporation Incorporated under the laws of the State of New York with its Pri
EmailAppeal: Civil Appeal Nos. 3187-88 of 1988.
WITH
Special Leave Petition (Civil) No.13080 of 1988.
WITH
Special Leave Petition (Civil) No.13080 of 1988.
Petitioner: Union Carbide Corporation a Corporation Incorporated under the laws of the State of New York with its Principal Office at 39 OldRidgebury Road,Danbury, Connecticut (U.S.A.)
Respondent: Union of India Through the Secretary, Department of Chemicals and Petrochemicals, Ministry of Industry, Shastri Bhawan, Dr. Rajendra Prasad Road,
New Delhi.
New Delhi.
Apeal: Civil Appeal Nos. 3187-88 of 1988.
WITH
Special Leave Petition (Civil) No.13080 of 1988.
WITH
Special Leave Petition (Civil) No.13080 of 1988.
Judges: R.S. PATHAK, CJI., E.S. VENKATARAMIAH, RANGANATH MISRA, M.N. VENKATACHALIAH, N.D. OJHA, JJ.
Date of Judgment: Feb 14, 1989
Appearances:
M/s. J.B.D. & Co., Miss A. Subhashini, Mr. A. Mariarputam, Advocates for intervener, Mr. C.L. Sahu Advocate for intervener.
Head Note:
BHOPAL GAS DISASTER
Settlement between parties – Union Carbide to pay US $ 470 millions to the Union of India in full settlement of all the claims, rights and liabilities arising out of the disaster.
JUDGEMENT:
O R D E R
1. Having given our careful consideration for these several days to the facts and circumstances of the case placed before us by the parties in these proceedings, including the pleadings of the parties, the mass of data placed before us, the material relating to the proceedings in the Courts in the United States of America, the offers and counter-offers made between the parties at different stages during the various proceedings, as well as the complex issues of law and fact raised before us and the submissions made thereon, and in particular the enormity of human suffering occasioned by the Bhopal Gas Disaster and the pressing urgency to provide immediate and substantial relief to victims of the disaster, we are of opinion that the case is pre-eminently fit for an overall settlement between the parties covering all litigations, claims, rights and liabilities related to and arising out of the disaster and we hold it just, equitable and reasonable to pass the following order :
2. We order:
(1) The Union Carbide Corporation shall pay a sum of U.S. Dollars 470 millions (Four hundred and seventy millions) to the Union of India in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal Gas disaster.
(2) The aforesaid sum shall be paid by the Union Carbide Corporation to the Union of India on or before 31 March, 1989.
(3) To enable the effectuation of the settlement, all civil proceedings related to and arising out of the Bhopal Gas disaster shall hereby stand transferred to this Court and shall stand concluded in terms of the settlement, and all criminal proceedings related to and arising out of the disaster shall stand quashed wherever these may be pending.
A memorandum of settlement shall be filed before us tomorrow setting forth all the details of the settlement to enable consequential directions, if any, to issue.
3. We may record that we are deeply indebted to learned counsel for the parties for the dedicated assistance and the sincere cooperation they have offered the Court during the hearing of the case and for the manifest reasonableness they have shown in accepting the terms of settlement suggested by this Court.
1. Having given our careful consideration for these several days to the facts and circumstances of the case placed before us by the parties in these proceedings, including the pleadings of the parties, the mass of data placed before us, the material relating to the proceedings in the Courts in the United States of America, the offers and counter-offers made between the parties at different stages during the various proceedings, as well as the complex issues of law and fact raised before us and the submissions made thereon, and in particular the enormity of human suffering occasioned by the Bhopal Gas Disaster and the pressing urgency to provide immediate and substantial relief to victims of the disaster, we are of opinion that the case is pre-eminently fit for an overall settlement between the parties covering all litigations, claims, rights and liabilities related to and arising out of the disaster and we hold it just, equitable and reasonable to pass the following order :
2. We order:
(1) The Union Carbide Corporation shall pay a sum of U.S. Dollars 470 millions (Four hundred and seventy millions) to the Union of India in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal Gas disaster.
(2) The aforesaid sum shall be paid by the Union Carbide Corporation to the Union of India on or before 31 March, 1989.
(3) To enable the effectuation of the settlement, all civil proceedings related to and arising out of the Bhopal Gas disaster shall hereby stand transferred to this Court and shall stand concluded in terms of the settlement, and all criminal proceedings related to and arising out of the disaster shall stand quashed wherever these may be pending.
A memorandum of settlement shall be filed before us tomorrow setting forth all the details of the settlement to enable consequential directions, if any, to issue.
3. We may record that we are deeply indebted to learned counsel for the parties for the dedicated assistance and the sincere cooperation they have offered the Court during the hearing of the case and for the manifest reasonableness they have shown in accepting the terms of settlement suggested by this Court.
