Keywords: – Stray dog, Compensation, Daily Diary report
In Rajwinder Kaur and Anr vs. State of Haryana and Ors, the Punjab and Haryana High Court issued directives to guarantee that victims of assaults or collisions with stray or wild animals in Punjab, Haryana, and Chandigarh receive just compensation from the government.
These guidelines were established in a ruling issued on August 18, 2023, in response to a series of 193 petitions for damages for harm or death brought on by runs-away or wild animals on public roads and public thoroughfares.
The victims’ and their families’ confusion over which authority to approach for compensation was acknowledged by the Court.
“Further, even if the State has any policy, the same are not made known to a litigant and even the financial assistance is petty,” the Supreme Court stated.
As a result, the Court established committees in Punjab, Haryana, and Chandigarh to facilitate the application process for compensation. In order to ensure that the compensation claims are resolved quickly, the Court also issued these committees with a set of guidelines.
Notably, the Court declared that in instances of bites by stray dogs, damages must be at least ₹10,000 for each dog tooth mark. Furthermore, the ruling stipulated that in dog bite cases, financial support must be provided at a minimum of 10,000 per tooth mark and 20,000 per “0.2 cm of wound” in cases where skin has been torn off. The Court further stated that the award of compensation will follow the policies of each state. But in Chandigarh’s case, the Court ruled, the Punjabi policy will take effect because it is more advantageous.
The Court further explained that filing a compensation claim with the committee would not prevent any claimant from, if necessary, pursuing compensation in a civil court. Concerns regarding the bigger issue of rising fatalities and an increase in stray animals on roads were also voiced by Justice Vinod S. Bhardwaj.
The Court bemoaned the lack of initiative on the part of the government to resolve the issue. They have opted to ignore the fact that individuals sustain injuries on a daily basis and minimize the severity of the issue by failing to document the occurrences. The Court stated that denying the existence of a problem does not solve it; rather, it only makes the citizen’s suffering worse.
The Court also made clear that the government must pay damages to the general public if it fails to keep them safe from animal attacks.
People cannot be abandoned by the State to fend for themselves. The claimants’ rights have become even more clear as a result of the State’s collection of road tax and user fee from users of the highways and local bodies’ collection of various fees and taxes from residents. The Court clarified that these bodies are also entitled to impose penalties and fines on animal owners who fail to impound, confine, or control their animals.
The Court then established the following procedure to guarantee that victims of animal attacks or vehicle collisions with animals receive compensation without delay:
- As soon as the Station House Officer (SHO) receives information about an accident caused by a stray or wild animal, they must promptly record a Daily Diary Report (DDR).
- The police officer will confirm the claim, document witness statements, create a site plan and summary, and more.
- The claimant should receive a copy of the report.
- Additionally, the report needs to be submitted within 30 days of the information being received.
References:
Anushka Shukla, Faculty of Law, University of Lucknow, Intern at Legal Vidhiya
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