first_img whatsapp SATINDAR DOGRA| LINKLATERSThe guidance provides a welcome dose of common sense. The Act is not intended to subvert normal business interaction and this is now much clearer. The focus on proportionate compliance procedures may help save costs for some businesses, and foreign companies will be assured that they will not fall within the clutches of the UK regulator unless they have a demonstrable business presence.STEPHEN MORRALL| DAWSONSIt is a pity that the Act imposes absolute duties. Despite representations from businesses, the government has refused to carve out ‘facilitation payments’. This criminalises conduct for which, as Ken Clarke admits, there is no public interest to prosecute, but leaves businesses in a state of uncertainty. This is unlikely to make the UK a more attractive destination for overseas companies.HARRIET TERRITT| JONES DAYThe Bribery Act will have a big impact on M&A deals where one or more parties is subject to the Act. The possibility that a target company could be subject to a significant corruption investigation has obvious business and reputational implications, particularly given that fines are expected to be substantial and the target will likely have to disgorge any benefit received as a result of a bribe. COMMENT: LAWYERS REACT TO THE BRIBERY ACT GUIDANCE Share More From Our Partners Killer drone ‘hunted down a human target’ without being told tonypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgConnecticut man dies after crashing Harley into live bearnypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgAstounding Fossil Discovery in California After Man Looks whatsappcenter_img Show Comments ▼ Wednesday 30 March 2011 8:37 pm KCS-content by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastMoneyPailShe Was Famous, Now She Works In {State}MoneyPailSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesDrivepedia20 Of The Most Underrated Vintage CarsDrivepediaPeople TodayNewborn’s Strange Behavior Troubles Mom, 40 Years Later She Finds The Reason Behind ItPeople TodayBetterBeDrones Capture Images No One Was Suppose to SeeBetterBeElite HeraldExperts Discover Girl Born From Two Different SpeciesElite Heraldautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Tags: NULLlast_img read more

BetMGM becomes first betting partner of NFL’s Detroit Lions

first_img BetMGM, the joint venture between MGM Resorts and GVC Holdings, has been named the first official sports betting partner of National Football League franchise the Detroit Lions.The partnership will see BetMGM branding displayed around the Lions’ Ford Field stadium, while the operator will gain a presence on team’s broadcast programming and digital channels.The deal builds on an existing relationship between MGM Resorts and the Lions, which saw the operator open the MGM Grand Detroit Tunnel Club at Ford Field.“The Detroit Lions historic relationship with BetMGM has been years in the making and we’re proud to announce details of our official partnership,” Detroit Lions team president Rod Wood said.“We’re continuously seeking new ways to entertain and involve our fans which is especially important during such unusual times; this partnership with BetMGM will provide additional and exciting opportunities to engage our fans.”BetMGM chief marketing officer Matt Prevost added: “When we first opened the BetMGM Sports Lounge at MGM Grand Detroit in March, we hoped to develop deep relationships with the state’s top teams.“We are honoured to be the first sports betting partner of the Lions and to offer their fans access to a variety of best-in-class promotions and perks only available on BetMGM.”Read the full story on iGB North America. Regions: US Michigan BetMGM, the joint venture between MGM Resorts and GVC Holdings, has been named the first official sports betting partner of National Football League franchise the Detroit Lions. AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter Topics: Sports betting BetMGM becomes first betting partner of NFL’s Detroit Lionscenter_img Subscribe to the iGaming newsletter Sports betting 3rd September 2020 | By contenteditor Email Addresslast_img read more

Swaziland Empowerment Limited ( 2015 Abridged Report

first_imgSwaziland Empowerment Limited ( listed on the Swaziland Stock Exchange under the Investment sector has released it’s 2015 abridged results.For more information about Swaziland Empowerment Limited ( reports, abridged reports, interim earnings results and earnings presentations, visit the Swaziland Empowerment Limited ( company page on AfricanFinancials.Document: Swaziland Empowerment Limited (  2015 abridged results.Company ProfileSwaziland Empowerment Limited (SEL) is an investment holding company engaged in financial intermediation. The company offers a range of products and services to private, commercial and corporate companies that range from personal and business checking to savings plans, home banking and lending options. The personal and business division of Swaziland Empowerment Limited caters for checking, savings, mortgage loans, commercial banking services, trust and investment, auto, home and personal loans. Swaziland Empowerment Limited has a 19% stake in the telecommunication entity, Swazi MTN Limited. It is a subsidiary of the Public Services Pensions Fund with headquarters in Mbabane, Swaziland. Swaziland Empowerment Limited is listed on the Swaziland Stock Exchangelast_img read more

Blackbox / Form_art Architects

first_img Structural: “COPY” Houses ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Year:  CopyConstruction:James LynnDesign Team:Jayne Bird, Chog Burley, Alistair Cook, Constance Lau, Alison Mclellan, Fearghal Moran, Gemma WheelerCity:Greater LondonCountry:United KingdomMore SpecsLess SpecsSave this picture!© Tim SoarText description provided by the architects. The idea of the mews served as the starting point for Blackbox in more ways than just its physical location. In contrast to the traditional mews architecture of solid brick enclosures with tiny windows and little daylight, this design is filled with light, but still respects the contextual language of a ‘solid box’. Save this picture!© Tim SoarThe design features of the entrance courtyard and staircase in this instance are key for the purpose of generating light into the heart of the house. As a result of the physical area given over to the courtyard, the ephemeral qualities created are ‘borrowed’ back so to speak. This essentially refers to the light and views, with the staircase serving as a journey up Blackbox right through to the skylight. This can best be described as the layering of views and the ‘bouncing’ of light within the house.Save this picture!© Tim SoarSimultaneously developed as a house gallery and vice versa, the design is a continuation of Form_art’s work with artists and galleries, namely their current engagement with the Tate. The volume of space carved out by expressing the brickwork enclosure enables the inside to hold a pure white ‘floating’ box, suspended to further express the interior’s language of ‘objects’.Save this picture!© Tim SoarThe project serves as a testimony to Form_art’s working ethos of generating work to test and develop ideas. This process provides Form_art with complete artistic freedom as designer and client and hence, there is an uncompromised approach from initial design through to completion.Save this picture!First Floor PlanProject gallerySee allShow lessCenter for High Yield – Rowing Pocinho / Alvaro Fernandes AndradeSelected ProjectsNBBJ Designs Towering Shenzhen Campus for Internet GiantUnbuilt Project Share CopyAbout this officeForm_art ArchitectsOfficeFollowProductsWoodStoneConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesGreater LondonHousesUnited KingdomPublished on January 27, 2014Cite: “Blackbox / Form_art Architects” 27 Jan 2014. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogFaucetshansgroheKitchen MixersVinyl Walls3MExterior Vinyl Finish – DI-NOC™ Fine WoodPartitionsSkyfoldVertically Folding Operable Walls – Zenith® SeriesCultural / SportsPENT FitnessFitness Equipment – BANKA™ Weight BenchSignage / Display SystemsGoppionDisplay Case – B-ClassConcreteKrytonCrystalline Waterproofing – KIMMetal PanelsTrimoQbiss One in OfficesBricksFeldhaus KlinkerFacing Bricks – Waterstruck VascuWood Boards / HPL PanelsInvestwoodViroc Nature for FurnitureCurtain WallsMetawellFacades – Aluminum Curtain WallsHeatingFocusFireplaces – PaxfocusPatios / TerracesGlas MarteGlass Pavilion – GM Pavillon360More products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream 2013 Blackbox / Form_art Architects 2013 Area:  115 m² Area:  115 m² Year Completion year of this architecture project Hardman Structural Engineers Blackbox / Form_art ArchitectsSave this projectSaveBlackbox / Form_art ArchitectsSave this picture!© Tim SoarHouses•Greater London, United Kingdom Photographs Main Contractor: + 18 Share United Kingdom Projects Famella Building Contractors Year:  ArchDaily Architects: Form_art Architects Area Area of this architecture project ShareFacebookTwitterPinterestWhatsappMailOr Clipboard photographs:  Tim SoarPhotographs:  Tim Soar “COPY”last_img read more

Janet Ellis becomes a patron of fpa

first_img AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis  25 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Janet Ellis becomes a patron of fpa Television presenter Janet Ellis is to become a patron of fpa, the national sexual health charity.Ms Ellis said: “I feel that even in this day and age, there’s still a lot of embarrassment and ignorance about discussing sex and relationships with your children. So for me supporting a charity tackling this everyday through their work with parents and young people is perfect. And of course fpa is a leader in reproductive health too – such a vital issue to women.”Chief executive of fpa Julie Bentley said: “Janet has been an amazing advocate of fpa’s work. She helped us celebrate our 75th anniversary, promoted our parents work, and supported us when we stood up for women’s rights to abortion. I’m thrilled to have Janet on board as a patron.” Advertisement Tagged with: Celebrity Recruitment / people Howard Lake | 28 August 2009 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of Researching massive growth in giving.last_img read more

Durham rally hits Islamophobia in India, U.S.

first_imgDurham, N.C. – Over a hundred protesters rallied here in solidarity with working-class and oppressed people under attack by right-wing Hindu nationalism and U.S. imperialism on March 1. They demonstrated here to say, “No to Fascism in India; No to Racism at Home” in response to recent anti-Muslim riots throughout Delhi and the invasion of Kashmir. The action, called by Muslims for Social Justice and Movement to End Racism and Islamophobia, was attended by a broad multinational, multigenerational crowd.Speakers from Muslims for Social Justice, Movement to End Racism and Islamophobia, Black Workers For Justice, Demilitarize! Durham2Palestine, Jewish Voice for Peace, Workers World Party and Democratic Socialists of America drew connections between British colonialism, U.S. imperialism and Hindu nationalism, which all divide working-class and oppressed people based on religion, language, nationality and other colonial divisions. FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this — Report by Calvin Deutschbein. Photo: Demilitarize! Durham2Palestinelast_img read more

Saudi king urged to pardon blogger on third anniversary of arrest

first_img April 28, 2021 Find out more June 17, 2015 – Updated on January 20, 2016 Saudi king urged to pardon blogger on third anniversary of arrest June 8, 2021 Find out more Organisation News NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say Badawi has been detained since 17 June 2012 for creating an online discussion forum. The sentence passed on him after a series of unfair trials – 10 years in prison and 1,000 lashes – was upheld by the supreme court ten days ago. There is no longer any way of obtaining his release by means of an appeal.Badawi’s wife, Ensaf Haidar, told RSF she was so saddened and upset by the anniversary that she was “incapable of describing” how she felt. She reiterated her appeal to the king to pardon her husband – an appeal supported by RSF.“With the month of Ramadan newly under way, we ask King Salman bin Abdulaziz to show clemency and pardon Raif Badawi, the father of three children, as this is now the only way to free him,” said Alexandra El Khazen, the head of RSF’s Middle East desk. “This young Saudi has already been held for three years in deplorable conditions and is in very poor health. His immediate release is vital.”Discretionary justiceReached by RSF, Saudi human rights activist Hala Al-Dosari attributed Badawi’s continuing detention to the flaws in Saudi Arabia’s judicial system.“The biggest problem in Saudi Arabia is the fact that criminal law is exclusively based on the Sharia, which is in fact discretionary,” she said, adding that the Badawi case is a clear example of how the punishments imposed by the judicial system are incompatible with international standards.“The international community’s support and diplomatic efforts can help, because this has an impact on the Saudi authorities,” she said.In the eyes of the Saudi justice system, Badawi is guilty according to sharia and he was convicted above all of breaking its rules. The three years he has spent in prison is already more than adequate as punishment for what he was accused of doing. It is time to free him.RSF has been campaigning for months for the release of Badawi, who was awarded its press freedom prize in 2014 in the Netizen category. A petition for his release launched by RSF already has more than 46,000 signatures.In a joint initiative with its national sections and foreign bureaux, RSF also sent letters to heads of state and government urging them to intercede with the Saudi authorities on Badawi’s behalf. Recipients included US President Barack Obama, French President François Hollande and Spanish Premier Mariano Rajoy.The Saudi authorities tolerate no independent media outlets and have been steadily tightening their grip on the Internet since the Arab spring in 2011. Online information is closely controlled and the regime does not hesitate to use security grounds and a draconian cyber-crime law to jail bloggers. News RSF_en Follow the news on Saudi Arabia March 9, 2021 Find out more Saudi ArabiaMiddle East – North Africa News Receive email alerts On the third anniversary of Raif Badawi’s arrest, Reporters Without Borders (RSF) reiterates its call to Saudi Arabia’s King Salman bin Abdulaziz to demonstrate clemency and pardon this young blogger. Saudi ArabiaMiddle East – North Africa RSF joins Middle East and North Africa coalition to combat digital surveillance News to go further Help by sharing this information Saudi media silent on RSF complaint against MBSlast_img read more

National Guard Assisting Pasadena Staff at Long-Term Health Facility

first_imgCommunity News National Guard Assisting Pasadena Staff at Long-Term Health Facility Members of the 297 ASMC will be there as long as needed By DONOVAN MCCRAY Published on Thursday, April 23, 2020 | 7:52 pm 7 recommended0 commentsShareShareTweetSharePin it STAFF REPORT First Heatwave Expected Next Week CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Subscribe Herbeauty11 Ayurveda Heath Secrets From Ancient IndiaHerbeautyHerbeautyHerbeautyA Dark Side Of Beauty Salons Not Many People Know AboutHerbeautyHerbeautyHerbeauty10 Sweet Things You Should Tell Your Boyfriend ASAPHerbeautyHerbeautyHerbeautyRemove Belly Fat Without Going Under The KnifeHerbeautyHerbeautyHerbeauty10 Ways To Power Yourself As A WomanHerbeautyHerbeautyHerbeauty15 Countries Where Men Have Difficulties Finding A WifeHerbeautyHerbeauty EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS More Cool Stuff Make a comment Name (required)  Mail (required) (not be published)  Website  Your email address will not be published. Required fields are marked *center_img Top of the News Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. One additional person has died from complications associated with the Coronavirus according to local health officials and 30 additional cases of the virus were reported on Thursday, bringing the total cases to 293 and the death toll to 29.Meanwhile an eight-member National Guard team is assisting at one local long term health care facility that has seen a severe outbreak of the virus.On Sunday, the 297 ASMC (Area Support Medical Company) National Guard Unit arrived at Brighton Care Facility on Fair Oaks Avenue.According to state health officials, there have been at least 63 cases of the virus.Members of the 297 ASMC will aid the administrative staff.According to Lt. Col. Thomas Keegan, Public Affairs Director,The eight member team consists of a physician’s assistant, or a registered nurse, five medics, an administrative sergeant and a support member.The team’s typical shift is from 3 p.m. to 11 p.m., but they will work more if needed.“We are supplementing and assisting as long as they need us,” Keegan told Pasadena Now.Governors in all 50 states have activated components of the military and the guard to assist in the response to the pandemic. respond to, mitigate and control the COVID-19 pandemic, according to the Military Times.Pasadena has shown a marked decrease in fatalities over the past two days. Yesterday, Pasadena health officials reported no deaths.The welcome news comes as LA County announced that the virus is now the leading cause of death in LA County.Since April 12 an average of 44 people have died per day from the Coronavirus.“This is significantly higher than the five people who die each day from the flu and 31 people who die from coronary heart disease,” LA County Health Director Barbara Ferrer.The LA County Department of Public Health confirmed 68 new deaths and 1,081 new cases of the Coronavirus on Thursday. Community News STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Community News Business Newslast_img read more

Medical oxygen scarce in Africa, Latin America amid virus

first_img By Digital AIM Web Support – February 25, 2021 WhatsApp Twitter Facebook Local NewsBusinessUS NewsWorld News A man sleeps on top of empty oxygen cylinders, waiting for a shop to open to refill his tank, in the Villa El Salvador neighborhood of Lima, Peru, early Thursday morning, Feb. 18, 2021. A crisis over the supply of medical oxygen for coronavirus patients has struck nations in Africa and Latin America, where warnings went unheeded at the start of the pandemic and doctors say the shortage has led to unnecessary deaths. Pinterest Previous articleT-Mobile Brings Ultra Capacity 5G to Miami U.S. Department of Veterans Affairs (VA) HospitalNext article‘Blinding Lights’ and more hits the Grammys left in the dark Digital AIM Web Supportcenter_img WhatsApp TAGS  Medical oxygen scarce in Africa, Latin America amid virus Pinterest Facebook Twitterlast_img read more

Vizag Gas Leak: ‘Strict Liability’ Or ‘Absolute Liability’?

first_imgKnow the LawVizag Gas Leak: ‘Strict Liability’ Or ‘Absolute Liability’? Akshita Saxena9 May 2020 6:48 AMShare This – xOn Friday, the National Green Tribunal ordered LG Polymers to deposit Rs. 50 Crores with the District Magistrate, Vishakhapatnam, in connection to a major leak of Styrene gas from its polymer plant situated in RR Venkatapuram village.However, the NGT observed in the order that the situation attracted the principle of “strict liability”.”Leakage of hazardous gas at such a scale…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn Friday, the National Green Tribunal ordered LG Polymers to deposit Rs. 50 Crores with the District Magistrate, Vishakhapatnam, in connection to a major leak of Styrene gas from its polymer plant situated in RR Venkatapuram village.However, the NGT observed in the order that the situation attracted the principle of “strict liability”.”Leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of ‘Strict Liability’ against the enterprise engaged in hazardous or inherently dangerous industry”, the Tribunal observed. The principle of “strict liability”, evolved in the year 1868 in the case of Rylands v. Fletcher, [1868] UKHL 1, has become obsolete now with the evolution of “absolute liability” principle. As per this principle, any person who indulges in “non-natural” use of land and who keeps “hazardous substances” on his premises will be held “strictly liable” if such substances “escapes” the premises and causes any “damage”. The quoted words form the essentials for constituting strict liability of an industry. However, this principle allows for exception from liability if such damage has been caused by :(i) the Plaintiff’s own fault; (ii) an Act of God; (iii) act of a Third Party; or (iv) if the hazardous activity was being carried out with the consent of the Plaintiff (violenti non fit injuria). In principle, the concept of strict liability contemplates the accountability of a person/ industry carrying out hazardous activity in cases where some sort of “negligence” is attributable to them. Strikingly, this principle was overturned by the Indian Supreme Court in the celebrated decision of MC Mehta v. Union of India, 1987 SCR (1) 819, whereby the top Court evolved the concept of no-fault liability, formally known as the principle of “Absolute Liability”, to remedy the “undeserved suffering of thousands of innocent citizens”. Under this principle, “an enterprise, which is engaged in hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an Absolute and non-delegatable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous activity which it has undertaken.” The principle of absolute liability offers no exception to the industries involved in hazardous activities and they are absolutely liable for the damage so caused, despite observance of due diligence. The decision was passed by a Constitution bench of the Supreme Court in the aftermath of the Oleum gas leak from one of the units of Shriram Foods and Fertilisers Industries, in Delhi in the year 1985, causing significant detrimental health effects to the local population. Finding the principle of strict liability “woefully inadequate” to protect citizens’ rights in an industrialized economy like India, the Apex Court formulated the principle of absolute liability. “This, rule ( Ryland v. Fletcher ) evolved in the 19th century at a time when all these developments of science and technology had not taken place cannot afford any guidance in evolving any standard of liability consistent with the constitutional norm and the needs of the present day economy and social structure. We do not feel inhibited by this rule which was evolved in the context of a totally different kind of economy. Law has to grow in order to satisfy the needs of the fast changing society and keep abreast with the economic developments, taking place in this country. As new situations arise the law has to be evolved in order to meet the challenge of such new situations. Law cannot allow our judicial thinking to be constrained by reference of the law as it prevails in England or for the matter of that in other foreign legal order. We in India cannot hold our hands back and I venture to evolve a new principle of liability which English courts have not done,” the constitution bench led by then Chief Justice PN Bhagwati had observed. Considerably, this decision was rendered when the country was still reeling under the shock of the 1984 Bhopal gas tragedy. The legal proceedings instituted in the upshot of this fatality came to be decided by the Supreme Court in the year 1989 applying the principle laid down in the MC Mehta case. The principle has thereafter been reaffirmed by the Supreme Court on various occasions, including in the case of Charan Lal Sahu v. Union of India, AIR 1990 SC 1480, whereby it was highlighted that this rule is “absolute and non-delegable” and the enterprise cannot escape liability by showing that it had taken reasonable care or there was no negligence on its part. In the said case, the Supreme Court had examined the constitutionality of the Bhopal Gas Leak Disaster (Processing of Claim) Act, 1985 which was enacted by the Central Government to ensure that the claims arising out of the disaster were dealt with effectively. “If the enterprise is permitted to carry on a hazardous or dangerous activity for its profit, the law must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on account of such activity as an appropriate item of its overheads. The enterprise alone has the resources to discover and guard against hazards or dangers and ‘to provide warning against potential hazards,” the court had held therein wile upholding the constitutional validity of the Act. To sum up, the principle of Absolute Liability was evolved by the Supreme Court to ensure that the profit-oriented industrial enterprises carrying on inherently hazardous activities do not escape their liability in terms of the exceptions available under the principle of strict liability. Therefore, the use of words “strict liability” under the NGT order opens up a convenient window for the company, LG polymers, to escape liability on showing that there was no negligence on their part. Difference between Absolute & Strict Liability Apart from availability of various exceptions under the principle of strict liability, the rule is also at variance from the principle of Absolute liability when it comes to the extent of damages to be paid. Whereas under strict liability, compensation is payable as per the nature and quantum of damages caused but in cases of absolute liability, damages to be paid are exemplary in nature, and depend upon the magnitude and financial capability of the enterprise. Further, the element of “escape” is not an essential under the doctrine of Absolute Liability. This means that even if any hazardous substance does not leak from the premises of the industry but causes harm to the workers inside, the enterprise may be held absolutely liable. Inter alia, Absolute Liability can be upheld by the courts even in those cases where a single death is reported and there is no mass destruction of property or pollution of the environment. In Klaus Mittelbachert v. East India Hotels Ltd., AIR 1997 Delhi 201, the Delhi High Court had applied the principle of Absolute Liability to compensate a German co-pilot who suffered grave injuries after diving into the swimming pool of the five-star restaurant. In the said case, evidence indicated that the pool was defectively designed and had insufficient amount of water. The pilot’s injuries left him paralyzed leading to death after 13 years of the accident. The court held that five-star hotels that charge hefty amounts owe a “high degree of care” to its guests. Public Liability Insurance Act, 1991 Over and above the compensation that may be awarded by the Courts, the victims are also entitled to compensation under the company’s Public Liability Insurance, available in terms of the Public Liability Insurance Act, 1991. The Act came into being in the aftermath of the Bhopal Gas Tragedy. This law requires all enterprises that own or have control over handling of any hazardous substance, to subscribe to a “public liability insurance policy cover” whereby they are insured against the claims from third parties for death or injury or property damage caused by hazardous substances handled in their enterprise. The compensation payable under this Act is also irrespective of the company’s neglect. The victims who are exposed to hazardous substance used by an industry may file a claim with the Collector within 5 years of the accident. On receipt of an application, the Collector, after giving notice to the owner and after giving the parties an opportunity of being heard, will hold an inquiry into the claim and may make an award determining the amount of relief which appears to him to be just. However, the amounts under this Act, as specified in the Schedule, were stipulated nearly two decades ago. Resultantly, the compensation under the Act is very meager and the families of victims’ who have died due to the gas leak or have suffered permanently disability, are entitled only to a maximum compensation of Rs 25,000, in addition to a maximum of Rs. 12,500, as reimbursement for medical expenses. In cases where a victim has suffered permanent partial disability or other injury or sickness, the relief available if (a) reimbursement of medical expenses incurred, if any, up to a maximum of Rs. 12,500 in each case and (b) cash relief on the basis of percentage of disablement as certified by an authorized physician. For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, a fixed monthly relief not exceeding Rs. 1,000 per month has been stipulated, up to a maximum of 3 months, provided the victim has been hospitalized for a period exceeding 3 days and is above 16 years of age. For any damage to private property, an amount of up to Rs. 6,000 is payable, depending on the actual damage. Next Storylast_img read more