LI Network
Published on: November 16, 2023 at 11:02 IST
The Punjab and Haryana High Court has mandated compensation of ₹10,000 per tooth mark in cases of stray dog bites, according to a judgment dated August 18, 2023. The directive was part of a ruling on a series of 193 petitions seeking compensation for injuries or fatalities resulting from encounters with stray or wild animals on public streets and national highways in Punjab, Haryana, and Chandigarh.
Concerns were raised by the Court over the confusion among victims and their families regarding the appropriate authority for compensation claims, coupled with inadequate financial assistance. In response, the Court established committees in Punjab, Haryana, and Chandigarh to streamline the application process for compensation, providing guidelines for expeditious resolution of claims.
Specifically addressing cases of stray dog bites, the Court specified a minimum compensation of ₹10,000 per tooth mark. For injuries involving the removal of flesh from the skin, the minimum compensation was set at ₹20,000 per “0.2 cm” of the wound. The judgment emphasized that compensation would be awarded in accordance with respective state policies, with Chandigarh following Punjab’s policy for greater benefit.
The Court underscored the right of claimants to approach civil courts for compensation even after filing claims before the committee.
Justice Vinod S Bhardwaj expressed broader concerns about the escalating fatalities and the increasing presence of stray animals on roads, criticizing the government’s lack of proactive measures to address the issue.
The Court emphasized the government’s strict liability to compensate the public for its failure to protect them from animal attacks, stating that citizens should not be left to fend for themselves due to state failure.
It highlighted the government’s collection of road tax/user fees and various taxes/fees/cess by local bodies, emphasizing the state’s obligation to control and impound animals, and the entitlement to levy penalties on non-compliant animal owners.
To expedite compensation to victims of animal attacks or vehicle collisions with animals, the Court outlined a procedure, involving the prompt recording of a Daily Diary Report (DDR) by the Station House Officer (SHO) upon receiving information about such incidents, verification of claims, recording of witness statements, and timely submission of reports to claimants within 30 days of receiving the information.
