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This is an archive article published on April 2, 2024
Court asks RMC to pay Rs 13L to family of man killed after bike was hit by stray cow
The government failed in its duty to protect the life of the man, underlined the court.
Mukesh Rathod was killed in 2018 (File Photo)
In a significant judgment, a civil court in Rajkot has ordered the Rajkot Municipal Corporation (RMC) to pay Rs 13.70 lakh as compensation to the family of a man killed after being hit by a stray cow.
The government failed in its duty to protect the life of the man, underlined the court.
While the judgment was delivered Saturday, a detailed order is still awaited. The compensation has to be given along with six percent interest, and the total amount is expected to be higher.
The court of Additional Senior Civil Judge IM Shaikh partially allowed a suit filed by Minaben Rathod and her two minor sons Prabhat and Gautam, seeking a direction to the state government and the RMC to pay them Rs 15 lakh as compensation for the negligence of the RMC, leading to the death of her husband Mukesh Rathod.
Mukesh, a labourer, was riding his motorbike on his way back home when he was hit by a stray cow in Ganjiwada area of Rajkot on August 17, 2018, as per the petition. The cow knocked down the motorbike, causing serious head injuries to the 40-year-old. The man, who was the sole breadwinner of his family, succumbed to injuries hours later while undergoing treatment at a local hospital. His sons were in school at that time.
“This is a landmark judgment in Rajkot as not many suits under the law of tort (under which courts impose liability for a civil wrong) have been filed,” Kanubhai Rathod, the advocate of the petitioner said, adding, “We had a compelling case and proved it beyond reasonable doubt that it was the state’s responsibility to secure life and property of Mukesh Rathod and that the RMC and the state government were found negligent in ensuring that.”
The advocate said during the cross-examination, the head of the Animal Nuisance Control Department (ANCD) of the RMC admitted the ANCD’s responsibility in the incident.
“The head of the ANCD conceded that it was due to negligence of the ANCD that led to the incident. On the other hand, a woman who was an eyewitness to the incident as well as the widow of the victim supported the case. We also submitted documentary evidence related to Mukesh’s treatment in the hospital, his post-mortem report etc. to prove our case,” said Kanubhai.
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The advocate further said that after the incident, police booked Mukesh under IPC Section 279 (rash or negligent driving) and 304A (causing death by negligence) based on information provided by his brother. However, police later filed a closure summary in the case after the casual labourer succumbed to his injuries. Later, Minaben, a domestic help, sought compensation against her husband’s death from the RMC and the state government. “However, she didn’t get any positive response. So, she moved the Rajkot civil court with a suit, seeking Rs 15 lakh compensation.
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