“Section 17: The operator of the nuclear installation after paying the compensation for nuclear damage, in accordance with section 6, shall have a right of recourse where-such right is expressly provided for in a contract in writing; the nuclear incident 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 nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage.” “Section 17 (a) provides for recourse if such right is expressly provided for in a contract in writing. If the operator chooses not to incorporate such a provision in the contract, it would be open to him to do so. I repeat that whether the operator should do this or not is not a matter of legality but one of policy.” Another important question put to him was “Whether a decision not to exercise right to recourse u/s 17 can be taken at the stage of signing of Techno Commercial Agreement with Russia? For this, he says: “Legally such a decision can be taken at the stage of signing Techno Commercial Agreement but I repeat this is a serious issue raising policy consideration.”
Posted on: Sun, 22 Sep 2013 03:33:47 +0000
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