Section 5 of The Civil Liability for Nuclear Damage Act, 2010
Operator not liable in certain circumstances.
- (1)An operator shall not be liable for any nuclear damage where such damage is caused by a nuclear incident directly due to-
- (i)a grave natural disaster of an exceptional character; or
- (ii)an act of armed conflict, hostility, civil war, insurrection or terrorism.
- (2)An operator shall not be liable for any nuclear damage caused to--
- (i)the nuclear installation itself and any other nuclear installation including a nuclear installation under construction, on the site where such installation is located; and
- (ii)to any property on the same site which is used or to be used in connection with any such installation; or
- (iii)to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident: Provided that any compensation liable to be paid by an operator for a nuclear damage shall not have the effect of reducing the amount of his liability in respect of any other claim for damage under any other law for the time being in force.
- (3)Where any nuclear damage is suffered by a person on account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person.
Summary
- The operator is exempt from liability if the nuclear incident is directly due to a grave natural disaster of an exceptional character.
- The operator is exempt from liability if the nuclear incident is directly caused by an act of armed conflict, hostility, civil war, insurrection, or terrorism.
- The operator is not liable for nuclear damage caused to the nuclear installation itself, other installations on the same site (including those under construction), site property, or the transport vehicle carrying the nuclear material.
- Paying nuclear compensation under this Act does not reduce the operator's potential liability for other claims under any other law in force.
- The operator is not liable to any person whose own negligence, acts, or omissions directly caused their nuclear damage.
Practical examples
FAQ
1. Can a victim get compensation under this Act if their own negligence caused their injury?
No, the operator is not liable to any person who suffers nuclear damage on account of their own negligence or their own acts of commission or omission.
2. Does the operator have to pay for damage caused to the truck carrying the nuclear material?
No, the operator is not liable for nuclear damage caused to the means of transport upon which the nuclear material was carried at the time of the incident.
3. Is the operator liable for damage to other facilities on the same site?
No, the operator is not liable for damage caused to the nuclear installation itself, any other nuclear installation on the same site (including those under construction), or any property on that site used in connection with the installations.
Test yourself
1.Under Section 5 of The Civil Liability for Nuclear Damage Act, 2010, which of the following events completely exempts the operator from liability for nuclear damage?
2.Under Section 5 of The Civil Liability for Nuclear Damage Act, 2010, is the operator liable for damage caused to the vehicle transporting the nuclear material at the time of an incident?
3.Under Section 5 of The Civil Liability for Nuclear Damage Act, 2010, what happens if an individual suffers nuclear damage due to their own negligent behavior?
4.Under Section 5 of The Civil Liability for Nuclear Damage Act, 2010, does paying compensation for nuclear damage reduce the operator's liability under other laws?