How Can Person Claim For Compensation Under Public Liability Insurance Act, 1991
- by Aditi-Harshraj
- Jun 25, 2020 12:22
The Bhopal gas tragedy was referred to as the gas leak from the pesticide plant in Bhopal on 2-3 December 1984. It was the worst industrial disaster. The public liability insurance act (1991) was enacted to provide immediate relief to people who were affected by such an accident. The act aims at providing relief from the owner who is liable to pay compensation to the sufferer of the tragedy which was not even their fault. Who is referred to as an owner in this act?
The owner is defined under section 2 (g) of the public liability insurance act (1991) person who is handling and taking care of any hazardous substance at the time of the accident. He may be the partner of any firm or member of the association, director, manager, secretary, or officer of the company. In Meena Jain v. the State of UP (2018) Court held that the owner includes all those persons who own it as well as those who control hazardous substances at the time of the accident. section 3 of this act explains the principle of absolute liability of payment of compensation on a no-fault basis. The owner is required to pay compensation to the claimant for their loss which may be death or any kind of damage or injury.
The amount of compensation is clearly specified in the schedule of this act. Section 6 of this act states that a person can claim for compensation through writing an application to the collector who is having the jurisdiction at the place where the accident had taken place but the claimant is required to claim his compensation within 5 year but section 3 e bracket to bracket of this act states that claimant is not required to prove that death injury or damage was an account of wrongful act negligence of any other person. Section 7 of this act states that the collector is required to do his part of the inquiry and here the owner and then pass an award to the claimant.
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