The victims - those affected by a notified "incident", or accident - don't have to sue the operator as claimed here. They'll have to file claims with the Claims Commissioner. The Claims Commissioner will award compensation and the operator will pay up, subject the applicable cap on its liabilities. Beyond that, the Central Government will pay subject to the cap of 300 million SDR. All within three months.
The operator can in turn lodge claims with the suppliers, if in its opinion the accident was caused by any deficiencies in the services, materials or equipments supplied. If the supplier(s) disagree, then the claims and counterclaims have to be settled through either arbitration, if the respective contracts so provide, or litigations. The victims, however, have the option of going to court if not satisfied with the award by the Claims Commissioner. *As regards channelising the claims to the operator, this is exactly what should be done.* Otherwise, it'd only mean interminable procedural wrangling and litigations and no compensations for the victims. While the operator's liability in case of an accident is automatic by virtue of the fact that it was operating the plant at the time of occurrence of the accident, in case of supplier(s), the fault has got to be established. The victim, normally, would have no access to the relevant data. Even if access is allowed, s/he'll hardly be able to make any sense of these. And even if, by any fluke, s/he can; one'll be up against incomparably more formidable adversaries. It'd be next to impossible for her/him to pinpoint and allocate responsibilities. At the same time, the operator can claim compensations from the supplier(s). Even if it takes too long, as it is expected to, the victim is not further victimised. S/he can claim and receive compensations regardless of the fate of such disputes. This is very important from the victims’ point of view. Sukla On 26 August 2010 15:33, Kamayani <[email protected]> wrote: > > > ---------- Forwarded message ---------- > From: Balaji Narasimhan <[email protected]> > Date: Thu, Aug 26, 2010 at 3:05 PM > Subject: [FreeBinayakSen] Privatizing Gains, Socializing Risks: Dr. M. V. > Ramana on the Civil Nuclear Liability Bill > To: [email protected], aid-cg <[email protected]> > Cc: Tejaswini Madabhushi <[email protected]> > > > > The Civil Nuclear Liability Bill, officially know as The Civil Liability > for Nuclear Damage Bill, 2010, is now in the Rajya Sabha, after it was > passed by the Lok Sabha last night. Approval is expected there and it's > likely to be signed into law soon. We spoke with physicist Dr. M. V. Ramana > earlier today to get his assessment of the Bill. > > Dr. Ramana is a Research Scholar at Princeton University. He spoke to us > from Chennai. > > http://www.youtube.com/watch?v=6TwRV-lRYvw > > Please share widely! > > Tejaswini Madabhushi > Balaji Narasimhan > > -- > You received this message because you are subscribed to the Google Groups > "Free binayak sen US Campaign" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]<freebinayaksen-us%[email protected]> > . > For more options, visit this group at > http://groups.google.com/group/freebinayaksen-us?hl=en. > > > > > -- > Adv Kamayani Bali Mahabal > +919820749204 > skype-lawyercumactivist > > "After a war, the silencing of arms is not enough. Peace means respecting > all rights. You can’t respect one of them and violate the others. When a > society doesn’t respect the rights of its citizens, it undermines peace and > leads it back to war.” > -- Maria Julia Hernandez > > > www.otherindia.org > www.binayaksen.net > www.phm-india.org > www.phmovement.org > www.ifhhro.org > > -- > You received this message because you are subscribed to the Google Groups > "Free Binayak Sen" group. > To post to this group, send an email to [email protected]. > To unsubscribe from this group, send email to > [email protected]<free-binayaksen%[email protected]> > . > For more options, visit this group at > http://groups.google.com/group/free-binayaksen?hl=en-GB. > -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB.
