ABHISHEK MALVIYA, MINOR vs ADDL. WELFARE COMMISSIONER

The Supreme Court addressed the compensation claim of a Bhopal gas tragedy victim born after the incident, under the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985. The Court upheld the categorization of the appellant under 'temporary partial disability' as per Para 5(2)(d) of the Scheme, affirming the compensation of Rs.55,000 awarded by the First Additional Welfare Commissioner. The Court noted that while the appellant's heart disease could not be linked to the gas exposure, his respiratory issues warranted compensation due to the gas's impact on his health.