Punjab and Haryana HC rules Rs 10,000/tooth mark compensation in cases of dog bite — stray, pet or deserted

“The award shall be passed by the committees within a period of four months of the claims being filed before it along with requisite documents…The State shall be primarily responsible to pay compensation with a right to recover the same from the defaulting agencies/ instrumentalities of the State or the private person, if any,” a bench of Justice Vinod S Bhardwaj said.

The bench directed that the copies of the judgment be sent to the offices of principal secretary (Home) as well as Directors General of Police of Punjab, Haryana and Chandigarh for necessary and prompt action and compliance.

The HC was hearing the bunch of petitions pertaining to payment of compensation to the victims or their family members for the incidents and accidents caused due to stray, wild animal suddenly coming in front of the vehicle leading to injuries or death. The cases pertain to the incidents that occurred in Punjab, Haryana and Chandigarh on the state and national highways, municipal streets and roads as well as the streets and roads outside the municipal limits.

Hearing the matter, Justice Bhardwaj held that an increasing number of fatalities and an alarming rate of stray animals on roads — which is a direct outcome of state policy implementation without impact assessment and infrastructure creation — has started taking toll on human life. “It is thus essential that the State should now share the burden and shoulder the responsibility,” the bench observed.

“Notwithstanding that such a large number of cases are being reported and even instituted before the courts, the State has shown no inclination to address the issue. They have chosen to look the other way as people suffer injuries every day and underplay the magnitude of the problem by under-recording the incidents. The denial of existence of a problem does not redress the problem but only escalates the agony of the citizen,” the Bench added.

After perusing the policies notified by the Punjab and Haryana governments concerning the matter, the Bench said that in the absence of any regulation and direct third party involvement, the claimant has to run from pillar to the post to shake things up. “The system too feels its incapability, in the absence of any prescribed mechanism, for responding to the requests/grievances of a claimant. This slows down the pace of grievance redressal and adds to the harassment of the claimant leading to his depleting trust in the ability of the system to deliver expeditious, just, fair and equitable relief,” the bench observed.

Issuing guidelines to be followed by the police on receipt of a complaint about any incident or accident reported due to involvement of animals (stray/wild/pet or deserted), Justice Bhardwaj ordered: “On receipt of information regarding accident due to stray/wild animal, the station house officer (SHO) shall get a DDR (daily diary report) recorded without any undue delay. The police officer shall verify the claim made and record statements of witnesses and prepare the site plan and summary. A copy of the report be forwarded to the claimant”.

The bench further directed the DGPs of Punjab, Haryana and Chandigarh to issue appropriate instructions to the authorities in regard to the guidelines framed.

It further ordered that the Punjab, Haryana and Chandigarh shall constitute committees to determine compensation to be paid on account of a claim made with respect to an accident, incident caused due to stray cattle or animal (including cows, bulls, oxen, donkeys, dogs, nilgai, buffaloes etc). and also include the wild, pet and deserted animals as well, Such committee shall be headed by the deputy commissioner of the district concerned.

“The compensation to be awarded by the said committee for the incidents, accidents pertaining to the death/permanent disability shall be as prescribed in the respective State policies for the claims…in relation to the claims lodged in Chandigarh, the benefit as extended in the policy of Punjab shall be awarded… The award shall be passed by the committee within a period of four months of the claims being filed before it along with requisite documents,” ordered Justice Bhardwaj.

“Additionally, in the cases relating to dog bite, the financial assistance shall be at a minimum of Rs 10,000 per teeth mark and where the flesh has been pulled off the skin, it shall be a minimum of Rs.20,000 per ‘0.2 cm’ of wound, and the State shall be primarily responsible to pay compensation with a right to recover the same from the defaulting agencies/ instrumentalities of the State and/or the private person, if any,” it added.