Civil Liability for Nuclear Damage Act, 2010
16. Award by Claims
Commissioner. –
1.
On
receipt of an application under sub-section (1) of section 15, the Claims
Commissioner shall, after giving notice of such application to the operator and
affording an opportunity of being heard to the parties, dispose of the
application within a period of three months from the date of such receipt and
make an award accordingly.
2.
While
making an award under this section, the Claims Commissioner shall not take into
consideration any benefit, reimbursement or amount received by the applicant in
pursuance of contract of insurance taken by him or for members of his family or
otherwise.
3.
Where
an operator is likely to remove or dispose of his property with the object of
evading payment by him of the amount of the award, the Claims Commissioner may,
in accordance with the provisions of rules 1 to 4 of Order XXXIX of the First
Schedule to the Code of Civil Procedure, 1908, grant a temporary injunction to
restrain such act.
4.
The
Claims Commissioner shall arrange to deliver copies of the award to the parties
within a period of fifteen days from the date of the award.
5.
Every
award made under sub-section (1) shall be final.