I. Death of any person
II. Injury to any person
III. Death and injury to workman
IV. Damage to any property
Codes :
National Environment Tribunal Act: No Fault Liability Compensation
The National Environment Tribunal Act, 2010 (though subsequently repealed and merged into the National Green Tribunal Act, 2010) provided for the establishment of environmental tribunals to deal with cases involving hazardous substances and offer compensation.
A key feature was the provision for compensation on the basis of no fault liability. This means compensation could be awarded without needing to prove negligence or fault on the part of the polluter.
Analysis of Compensation Scope
The Act's provisions for compensation under no fault liability covered specific types of harm:
- I. Death of any person: Compensation was applicable in cases of death resulting from an accident involving hazardous substances, irrespective of fault.
- II. Injury to any person: Compensation was applicable for any injury sustained by a person due to such accidents, without requiring proof of negligence.
- III. Death and injury to workman: While workmen are persons, the Act's no-fault liability was framed more broadly for 'any person'. Compensation for workmen would fall under the general categories of 'death of any person' (I) and 'injury to any person' (II). Item III is not a distinct category for no-fault liability under the Act beyond what is covered in I and II.
- IV. Damage to any property: Compensation was also provided for damage caused to any property resulting from accidents involving hazardous substances, based on no fault liability.
Therefore, compensation on the basis of no fault liability under the National Environment Tribunal Act applied to the death of any person, injury to any person, and damage to any property.
Conclusion: Items I, II, and IV correctly represent the scope of compensation on the basis of no fault liability.
Important Questions from Environmental law
- Which of the following judicial principle has often been involved by Indian courts to uphold environmental clearance requirements under EIA?
- The Principle of Absolute Liability, evolved in Indian environmental jurisprudence, is primarily associated with which of the following landmark case?
- In which of the following case, the Supreme Court of India gave a split verdict on 23rd July, 2024 in a matter involving health, environment and intergenerational equity?
- Match the LIST-I with LIST-II
LIST-I Judicial Decisions LIST-II Issue A. State of Gujarat v/s Reliance Industries Ltd & Ors. I. Management of sewage treatment plants B. Municipal Corporation Ghaziabad v/s Central Pollution Control Board II. Climate Change C. Hanuman Laxman Aroskar v/s U.O.I III. Environmental Clearance for large infrastructure project D. Riddhima Pandey v/s U.O.I IV. Green cess
Choose the correct answer from the options given below: - Seven Legislations are listed under Schedule I of the National Green Tribunal Act, 2010. Which of the following Act is not included under Schedule I?
