judgment

R.V. Raveendran, J. —

This appeal relates to compensation payable to a Bhopal gas tragedy victim. The appellant was in the womb of his mother on the fateful day that is, 2/3.12.1984. He was subsequently born on 14.5.1985. An application was made on his behalf for payment of compensation of Rs.50,000/- under the scheme for payment of compensation to the gas victims alleging that the appellant’s pregnant mother was affected by the leaked gas and consequently, the appellant, who was in her womb, was also affected.

2.The Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985 was framed by the Central Government in exercise of power under section 9 of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985. Clause 5 thereof provides for categorization and registration of claims. The application on behalf of appellant was considered by the Deputy Commissioner, for Bhopal gas victims. The appellant had been examined and a medical dossier prepared at the time of State-sponsored medical examination including X-ray of chest. The reports of the examination on 25.8.1988 showed that the appellant did not suffer from any disease. Therefore, his condition was re