In a groundbreaking judgment, the Punjab and Haryana High Court has delivered a crucial ruling on compensation for victims of animal attacks, particularly those perpetrated by dogs. The court has unequivocally stated that the State holds the "primary responsibility" for compensating individuals who have suffered due to attacks by animals such as dogs and cattle - be it stray or domesticated.
What
Specifically focusing on dog bite cases, the court has mandated a minimum compensation of Rs 10,000 "per tooth mark" and a minimum of Rs 20,000 per 0.2 cm of wound where the flesh has been torn off.
This ruling emerged during the hearing of 193 petitions related to attacks by stray animals, reflecting the urgency and gravity of the situation.
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Central to the court's decision is the assertion that the State bears the primary obligation to provide compensation, with the prerogative to recover the same from defaulting agencies, instrumentalities of the State, or private individuals, if culpable.
This legal stance emphasizes a swift and just reparation process for victims, as awards are expected to be issued by committees within four months of the filing of claims, accompanied by requisite documentation.
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How
To streamline the compensation mechanism and ensure its efficient disbursement, the High Court has issued directives for the formation of committees in Punjab, Haryana, and the Union Territory of Chandigarh.
These committees, chaired by the Deputy Commissioner of the respective District, will comprise members such as the Superintendent of Police/Deputy Superintendent of Police (Traffic), Sub Divisional Magistrate of the relevant area, District Transport Officer, and a representative of the Chief Medical Officer.
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A history of problems
This legal development is not devoid of context, occurring against the backdrop of heightened public concern over the stray dog problem in the country.
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The tragic death of Parag Desai, an executive director with Wagh Bakri Tea Group, in October, further catalyzed the debate.
The hospital attributed Mr. Desai's death to a hemorrhage resulting from a fall after being chased by stray dogs, sparking renewed demands on social media for urgent interventions to address the escalating stray dog problem.
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Acknowledging the sensitivity and polarization surrounding the issue, the High Court's judgment emerges as a crucial step towards providing a structured and accountable framework for compensating victims of animal attacks.