Orissa High Court Orders ₹10 Lakh Compensation For Father Of Minor Mauled To Death By Stray Dogs In 2016

The Orissa High Court, on Wednesday, ordered the Puri Municipal Corporation to pay rupees ten lakhs compensation to the father of a minor boy who was attacked and mauled to death by four street/stray dogs in 2016.

While fixing the responsibility of the Municipal Corporation, the Division Bench of Acting Chief Justice Dr. BR Sarangi and Justice MS Raman held:

“The facts and circumstances available on record lead to an irresistible conclusion that the death of the child was caused due to negligence and, as such, admitting such factum the Puri Municipality has paid compensation of Rs.50,000/- to the parents of the deceased child.”

Brief Background

On 01.12.2016, a minor child, who was a resident of Jagannath Colony in the district of Puri, was playing outside of his house adjacent to the public road when four roving dogs attacked him.

Upon hearing the shout of the child, his mother, and neighbours proceeded to the spot immediately and though they attempted to save his life, the attack by the dogs was so furious that the child succumbed to his injuries barely within 2-3 minutes.

The unfortunate incident was covered by a number of local dailies from which the petitioner came to learn about it. The petitioner, who is an advocate by profession, decided to file this writ petition in the nature of a public interest litigation seeking directions to the State and Municipal Corporation to control the movements of stray dogs in human habitats.

Through the PIL, he also prayed for a direction to the concerned authorities for taking adequate and appropriate action for the protection of human lives from the violent attacks of stray animals and to pay compensation to the tune of rupees ten lakhs to the family members of the deceased minor child.

Court' Observations

The prime question which arose for consideration before the Court was whether the Puri Municipal Corporation could be held responsible for negligence due to which the unfortunate incident unfolded and whether it could be made liable to pay compensation to the kin of the deceased.

The Court, after discussing a number of cases from Indian as well as foreign jurisprudence, was of the view that as per the meaning assigned to the term 'negligence', it is apparent that the Puri Municipal Corporation failed to take adequate precautions for controlling the menaces caused by street dogs.

It also held that there is no dispute that the death of the child has been caused due to the attack of the street dogs and thereby, the Municipal Authorities have failed in their due discharge of statutory duties as enshrined under the Orissa Municipal Act, 1950.

“Therefore, the negligence caused by the Municipal Authorities in due discharge of their statutory responsibilities cannot be absolved its liability to pay compensation contending that there is no provision under the Orissa Municipal Act, 1950 to pay compensation. Therefore, in the present facts and circumstances, the State and its instrumentalities are liable to pay compensation,” it added.

The Court also relied upon the judgment of the Chhattisgarh High Court in Shobha Ram Rajwa Ram Sahu v. State of Chhattisgarh where the State was held vicariously liable for the death of the wife of the petitioner therein due to the bite of a stray dog and was ordered to pay a sum of rupees ten lakhs as compensation.

It also relied upon the judgment of the Karnataka High Court in Yusub v. State of Karnataka, AIR Online 2022 KAR 399 where the Court had an analogous case for consideration and after going through precedents on the subject matter, it had awarded rupees ten lakhs as compensation to the father of the boy who died in a similar incident.

Thus, having regard for the provisions of Odisha Municipal Act as well as the jurisprudence relating to the payment of compensation for the negligence/omission by State authorities, the Court was of the firm view that the father of the minor boy is entitled to compensation amount to the tune of ₹10 Lakhs.

“Accordingly, this Court directs opposite party no.4 to pay Rs.10,00,000/- (Rupees Ten Lakhs) as compensation to the father of the deceased within a period of four weeks from the date of receipt of the copy of this judgment, failing which the amount will carry interest @ 6% per annum from the date of passing of the judgment till such payment is made,” the Court ordered.

Case Title: Bibhuti Charan Mohanty v. State of Odisha & Ors.

Case No: W.P.(C) No. 21267 of 2016

Date of Judgment: December 13, 2023

Counsel for the Petitioner: M/s. R. Swain, B. Nayak, P.K. Mohanty and D. Sahu, Advocates

Counsel for the Respondents: Mr. D. Mohanty, Addl. Government Advocate; Mr. P.K. Mohanty, Sr. Advocate along with M/s. P.K. Pasayat, D.N. Mohapatra, J. Mohanty, P.K. Nayak, S.N. Dash and P. Mohanty, Advocates

Citation: 2023 LiveLaw (Ori) 117

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