Public Liability (1991 Act Based) Liability Insurance

Ensures businesses handling hazardous substances provide immediate compensation to victims after industrial accidents

Ensure Compliance & Public Safety
The Public Liability Insurance Act, 1991 was enacted following major industrial disasters like the Bhopal Gas Tragedy to ensure businesses handling hazardous substances provide immediate, no-fault compensation to accident victims. This mandatory insurance protects both businesses and the public from financial and legal risks associated with industrial accidents involving hazardous materials.
Statutory Compliance
Protection from Legal Liabilities
Mitigation of Financial Risks
History & Background of Public Liability Insurance Act, 1991

Bhopal Gas Tragedy (1984)

The worst industrial accident occurred on December 2-3, 1984, when a gas leak from Union Carbide India Limited killed thousands and injured over 600,000 people. Legal settlement resulted in ₹ million USD compensation.

Delhi Oleum Gas Leak (1985)

Oleum gas leaked from Shriram Foods and Fertilizers in Delhi, causing deaths and injuries. The Supreme Court introduced the principle of absolute liability for hazardous activities.

Legislative Response (1991)

The Public Liability Insurance Act, 1991 was enacted to mandate insurance coverage, provide no-fault compensation, and establish the Environmental Relief Fund.

Legal Provisions under the Public Liability Insurance Act, 1991

Mandatory Insurance Coverage

All businesses handling hazardous substances must secure public liability insurance covering third-party claims for death, bodily injury, and property damage.

No-Fault Liability

Companies are held liable regardless of fault or negligence. Victims are entitled to compensation without proving business fault.

Immediate Relief and Compensation

The Act provides standardized compensation ensuring immediate financial relief without lengthy legal battles.

Environmental Relief Fund

Companies contribute an amount equal to annual premium to ERF, providing additional relief to accident victims.

Principal/Main Coverage Under Public Liability (1991 Act Based) Insurance

Medical Expenses

Reimbursement of medical expenses incurred, up to a maximum of INR 12,500 for each case.

Fatal Accidents

Compensation of INR 25,000 per person for fatalities, along with reimbursement of medical expenses up to INR 12,500.

Permanent Total or Partial Disability

Medical expenses reimbursed up to INR 12,500, with cash relief based on disability percentage. INR 25,000 for total permanent disability.

Temporary Partial Disability

Fixed monthly relief of up to INR 1,000 for maximum 3 months for victims above 16 years hospitalized over 3 days.

Damage to Private Property

Compensation of up to INR 6,000 based on actual damage caused to private property.

Factors Affecting The Coverage Of Public Liability (1991 Act Based) Insurance

Nature of Business and Risk Exposure

Type of hazardous substances and risk level determine coverage. Highly flammable, toxic, or reactive substances require higher limits.

Scale of Operations

Volume of hazardous materials produced, stored, or transported affects coverage level. Larger operations need broader coverage.

Geographical Location

Proximity to populated areas, public infrastructure, or environmentally sensitive zones influences coverage requirements.

Compliance with Safety Standards

Companies adhering to strict safety protocols may benefit from favorable premiums and terms.

Claims History

Prior claims or accidents directly impact premium and coverage limits. Clean history receives lower premiums.

Hazardous Substances Handled

Specific nature and classification of substances (flammable, corrosive, toxic) determine risk level and coverage required.

Why A Company Needs Public Liability (1991 Act Based) Insurance

Statutory Compliance

The Public Liability Insurance Act, 1991 mandates this insurance for businesses handling hazardous substances. Non-compliance results in legal penalties.

Protection from Legal Liabilities

Accidents involving hazardous materials can lead to expensive legal claims. Insurance provides financial protection from compensation burden.

Mitigation of Financial Risks

Accidents can result in significant losses including legal fees, compensation, and cleanup costs. Insurance mitigates these risks.

Immediate Compensation to Victims

Businesses must provide immediate compensation under no-fault liability. Insurance ensures obligations are met without financial jeopardy.

Reputation Management

Swift compensation through insurance maintains company reputation by showing commitment to public welfare and affected parties.

Probable Causes Of Litigation Covered Under Public Liability (1991 Act Based) Insurance

Accidents Leading to Bodily Injury or Death

Any accident involving hazardous substances resulting in bodily injury, illness, or death can lead to litigation for medical expenses and compensation.

Damage to Third-Party Property

Businesses can be sued for property damage due to fires, explosions, or chemical spills caused by handling hazardous materials.

Environmental Contamination

Accidental release of hazardous substances into environment can result in lawsuits for pollution of air, soil, or water sources.

Failure to Adhere to Safety Protocols

Litigation may arise from non-compliance with safety protocols or regulations governing hazardous substance handling.

Mass Disasters

Large-scale industrial accidents involving multiple victims may face class-action lawsuits or mass tort claims.

Negligence in Operations

Accidents due to negligent practices like improper storage, inadequate safety measures, or equipment failure can lead to litigation.

Factors Determining The Limit Of Indemnity/Sum Insured

Paid-Up Capital or Maximum Liability

Sum insured based on company's paid-up capital or maximum of INR 50 crores, whichever is lower.

Turnover of the Business

Annual gross turnover including levies and taxes plays significant role in determining indemnity limit.

Nature and Quantity of Hazardous Substances

Higher volumes of toxic, flammable, or corrosive substances increase risk and required coverage.

Geographical Location and Population Density

Operations near densely populated or environmentally sensitive areas require higher coverage.

Risk Exposure of Operations

Operational risk including location, proximity to populated areas, and activity nature affects indemnity limits.

Claims History

Frequent or high-value claims may require higher indemnity limits and result in higher premiums.

Add-On Coverages For Public Liability (1991 Act Based) Insurance

Extended Reporting Period

Allows claims to be reported after policy expiration for accidents during policy period, covering delayed claims and latent injuries.

Legal Defense Costs

Covers legal representation, court fees, and related expenses in lawsuits for bodily injury, property damage, or environmental contamination.

Public Relations Expenses

Helps manage public relations and crisis communications to mitigate reputational damage and restore public confidence.

Transportation Risk Coverage

Protection for accidents involving hazardous substances during transportation, covering third-party claims and environmental damage.

Vicarious Liability

Extends coverage to legal liabilities from actions of contractors or third parties working on behalf of insured business.

Cross Liability Clause

Provides separate indemnity to multiple insured parties under same policy, treating each independently for claims.

General Exclusions Under Public Liability (1991 Act Based) Insurance
Punitive & Exemplary Damages - Claims for punitive or exemplary damages
Fines & Penalties - Liabilities from fines or penalties imposed on insured
War, Civil War, or Act of Foreign Enemies - Claims from war or similar situations
Intended or Expected Bodily Injury - Injury that was intended or expected by insured
Deliberate Non-Compliance - Willful non-compliance with statutory provisions
Loss of Goodwill, Market Share - Losses related to goodwill or market share
Motor Vehicle Liability - Liability from ownership or use of motor vehicles
Professional Indemnity - Claims related to professional services rendered
Claim Process Under Public Liability (1991 Act Based) Insurance

Notification of Claims

Insured must notify insurer of any accident within 14 days, including detailed information and copies of legal notices from authorities.

Submission of Documentation

Submit incident reports, witness statements, medical reports, photographs, and documents submitted to Collector for verification.

Evaluation and Investigation

Insurer conducts investigation including site inspections, witness interviews, and evidence collection to assess liability extent.

Appointment of Legal Counsel

Insurer may appoint legal counsel to defend insured in legal actions, taking over and conducting defense with settlement discretion.

Settlement or Court Award

Insurer settles valid claims or covers court-awarded compensation within policy limits after proper verification.

What Nature Of Entities Could Have This Policy?
Manufacturing Units Handling Hazardous Substances - Factories producing, storing, or distributing hazardous chemicals
Chemical Processing Plants - Plants processing or refining chemicals, including oil refineries
Transporters of Hazardous Materials - Companies transporting hazardous goods by road, rail, or sea
Warehouses and Storage Facilities - Businesses housing hazardous materials or industrial waste
Construction Firms Using Hazardous Substances - Firms using materials like asbestos or lead
Oil and Gas Companies - Entities in exploration, production, refining, or distribution of oil and gas
Who Can Sue A Company Covered Under Public Liability (1991 Act Based) Insurance
Third-Party Individuals - Anyone suffering bodily injury, illness, or death from hazardous substance accidents
Legal Heirs of Deceased - Family members filing claims for compensation after fatal accidents
Property Owners - Owners of damaged third-party property seeking repair or replacement costs
Environmental Agencies - Government agencies enforcing cleanup and restoration for environmental contamination
Public and Private Entities - Organizations affected by accidents seeking compensation for infrastructure damage
Key Benefits of Public Liability (1991 Act Based) Insurance

Statutory Compliance

Ensures compliance with Public Liability Insurance Act, 1991 requirements for businesses handling hazardous substances.

Protection from Legal Liabilities

Comprehensive protection against expensive legal claims for bodily injury, death, and property damage.

Mitigation of Financial Risks

Protects against significant financial losses from accidents, legal fees, and environmental cleanup costs.
FAQs On Public Liability (1991 Act Based) Liability Insurance
Common queries about Public Liability (1991 Act Based) Insurance

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