There was a large scale leakage of deadly gas from a private industry located in the heart the city. As a consequence of this leakage, a number of people died and several others were affected. An action was brought before the Supreme Court, through a wit petition seeking compensation to the victims. Discuss the nature, scope and extent of the liability of private industry.

There was a large scale leakage of deadly gas from a private industry located in the heart the city.

Facts of the Case

A private industrial undertaking dealing with hazardous substances was located in the heart of a city. Due to negligence and failure of safety mechanisms, there was a large-scale leakage of deadly gas from the industry. As a consequence, several people lost their lives and many others suffered serious injuries and long-term health effects. A writ petition was filed before the Supreme Court seeking compensation for the victims and determination of the liability of the private industry.

Issues in the Case

  1. What is the nature of liability of a private industry engaged in hazardous activities.
  2. Whether the industry can escape liability by pleading absence of negligence.
  3. The scope and extent of compensation payable to victims under constitutional jurisdiction.

Legal Principles Covered

Indian jurisprudence recognizes the doctrine of absolute liability for enterprises engaged in hazardous or inherently dangerous activities. Unlike strict liability, absolute liability does not allow any exceptions such as act of God, third-party intervention, or lack of negligence.

Where an industry operates in an urban area and poses a potential threat to public safety, it owes an absolute and non-delegable duty to the community. If harm results, the enterprise is liable to compensate the victims regardless of fault. The compensation must be commensurate with the magnitude of harm and the financial capacity of the enterprise, ensuring effective deterrence and social justice.

Possible Judgement

The Supreme Court is likely to hold the private industry absolutely liable for the damage caused by the gas leakage. The industry would be directed to pay compensation to victims and affected families. The court may also issue directions to improve safety standards and prevent recurrence. The liability is strict, unconditional, and aimed at protecting public health and fundamental rights.

About Lawgnan

Cases involving industrial disasters and hazardous activities play a vital role in shaping Indian jurisprudence on liability and compensation. Understanding doctrines like absolute liability and constitutional remedies is essential for law students, judicial aspirants, and legal professionals. These principles frequently appear in examinations and are highly relevant in public interest litigation. If you want clear, exam-ready explanations of landmark jurisprudence concepts with practical application, explore expert legal content. Visit lawgana.in for structured answers, conceptual clarity, and insightful discussions that strengthen your understanding of constitutional law, tort law, and industrial liability.

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