The Public Liability Act, 1991 was made effective from April 1, 1991. Its object is to provide, through insurance, immediate relief to persons affected due to ?accident? while ?handling? ?hazardous substance? by the owners on ?no fault liability basis?. The definition of ?owner? is so comprehensive as to cover any person who owns or has control over any hazardous substance at the time of accident. This includes any firm or its partners. Association or its members, company or its directors and all other persons associated and responsible to that company in the conduct of their business.
* ?Accident? means an accident involving a fortuitous, sudden or unintentional occurrence while handling any hazardous substance resulting in continuous, intermittent or repeated exposure to death of, or injury to any person or damage to any property but does not include an accident by reason only of war or radioactivity.
* ?Handling?in relation to any hazardous substance means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance.
* ?Hazardous substance? means any substance or preparation that is defined as hazardous substance under the Environment (Protection) Act, 1986, and exceeding such quantity, as specified by Central govt notification.
* ?Hazardous substance? means any substance or preparation which, by reason of its chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment (Environment Protection Act, 1986).
Compensation:
* Reimbursement of medical expenses incurred up to a maximum of Rs 12,500 in each case.
* For a fatal accident the relief will be Rs 25,000 per person in addition to reimbursement of medical expenses, if any incurred on the victim up to a maximum of Rs 12,500.
* For permanent total or permanent partial disability or other injury or sickness, the relief will be:
Reimbursement of medical expenses incurred, if any, up to a maximum of Rs 12,500 in each case and, Cash relief on the basis of percentage of disablement as certified by an authorised physician. The relief for total permanent disability will be Rs 25,000.
* For loss of wages due to temporary partial disability which reduce the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs 1,000 per month up to a maximum of 3 months provided the victim has been hospitalised for a period exceeding 3 days and above 16 years of age.
* In respect of damage to private property, up to Rs 6,000 per claim.