ORDER

1. Special leave granted.

2. We have heard the learned counsel for the appellant as well as the learned Additional Solicitor General for the respondents. We find from the facts laid on record that the appellant had preferred a claim for Rs 15 lakhs on account of the death of his daughter Sabba on 24-12- 1986 when she was about four months old. The mother of the girl, a resident of Bhopal, was one of the victims of the gas tragedy and the case put forth was that on account of the gas that she had inhaled the child in the womb was adversely affected. When the child was born there were certain problems which she suffered on account of gas that her mother had inhaled while in the womb. The evidence of Dr M. S. Thakur, who had examined and treated the child, revealed that she had certain symptoms including eruption on the body and smarting of the eye as well as breathlessness immediately after her birth when she was examined by him hardly six days thereafter. The prescription produced on a record dated 12-8-1986 goes to show that the infant too was the victim of MIC poison. The various other medical documents on record corroborated the testimony of the aforesaid medical man. The D