Supreme CourtFull Bench(1989) 02 SC CK 0029

Union Carbide Corporation vs Union of India and others

Supreme Court Of India · Decided on 14 February 1989 · Citation: AIR 1990 SC 273 : (1989) 1 JT 296 : (1989) MPJR 546 : (1989) 2 SCALE 768 : (1989) 1 SCC 674 : (1989) 1 SCR 730 : (1989) 1 UJ 589

HON’BLE JUDGES
R. S. Pathak, C.J · Ranganath Misra, J · M. N. Venkatachaliah, J · E. S. Venkataramiah, J · D. N. Ojha, J
RESULT
Disposed Of
CASE NUMBER
C.A. No''s. 3187 and 3188 of 1988 with S.L.P. (Civil) No. 13080 of 1988

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Judgment

7 paragraphs · 367 words
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 :

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 31st 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.

2.

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.