Section 6(2): Nuclear operators to be strictly liable for damages resulting from an accident but their liability is capped at Rs. 1500 crore, unless a higher amount is notified by the government. In earlier draft, the cap was Rs. 500 crore.
Beyond this cap, the government assumes responsibility for damages. The bill also specifies “maximum liability” of 300 million SDRs, approximately Rs. 2100 crore.
Section 17(b): If accident “has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or sub-standard services,” the operator shall have a right of recourse i.e. it can sue the supplier for recovery of any damages paid. There is no need for the supplier to agree to this in a contract or to have intentionally caused an accident, as earlier drafts proposed.
Section 1(3A): Only government or “government company” can benefit from the liability cap, but latter is defined as one where the Central government has “not less than 51 per cent” ownership. This paves the way for the liability burden of any private sector partner to be subsidised by the taxpayer.
Section 18(b): Increases the time period for filing claims in case of personal injury from 10 to 20 years.
Section 16(1): Claims for damages must be disposed of within three months of application
Section 35: Victims can approach High Courts, Supreme Court for review of compensation amounts
Section 46: Government says victims can file tort claims but wording is ambiguous
