Delhi High Court Orders ₹2.5 Lakh Compensation For Infant's Death By Dog Bite, Highlights Stray Dog Menace

The Delhi High Court has ordered ex gratia compensation of Rs. 2.5 lakh to a mother for the death of her 5 month old infant child, who was mauled and fatally bitten by a stray dog, leading to his death in 2007.

“Notwithstanding the factual scenario of the present case, before parting, it is pertinent to observe here that the stray dog menace in Delhi is a serious issue affecting human life and dignity,” Justice Purushaindra Kumar Kaurav observed.

The court said that the relationship between humans and dogs is at times a relationship of compassion and unconditional love and thus, the responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

“It cannot be gainsaid that the issue requires a multi-faceted response, fostering an environment of empathy and balanced co-existence,” it added.

Justice Kaurav was dealing with the mother's plea seeking compensation of Rs. 50 lakhs for her son's death. It was her case that in August 2007, early in the morning when her kids were sleeping in the house, a stray dog entered their room and started attacking the infant. He succumbed to the injuries and died in the hospital.

The mother alleged that the dog bite was a result of lapse and negligence on the part of Municipal Corporation of Delhi (MCD). The civic body however denied by the same.

Justice Kaurav said that the mere fact that the infant died due to a dog bite on the premises of his own house did not allude to any dereliction of duty or negligence by the authorities.

“Even though MCD has a statutory duty to control and maintain stray dogs within its territorial jurisdiction, as explicated in the aforementioned provisions, however, the said duty does not extend to the private premises of the citizens,” the court said.

It added that the incident occurred within the four corners of the woman's house and not in any public place and thus, MCD cannot be held responsible for preventing such an incident as the duty of care towards the child primarily rested with the mother and her family.

Taking a sympathetic view to alleviate the mother's suffering following the tragic loss of her 5-months-old child, Justice Kaurav ordered:

“The Court deems it appropriate to grant an ex-gratia lump sum amount of ₹2,50,000/-, to be paid by GNCTD to the petitioner. This payment shall be made to the petitioner within three months from the date of passing of this judgment,” the court said.

It added that any failure to comply with the direction will result in the mother being entitled to simple interest at the rate of 6% per annum, accruing from the date of the judgment.

Title: GEETA DEVI v. GOVT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1070

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