Rajasthan High Court Upholds Compensation For Death By Stray Bull Attack, Pulls Up Bikaner Municipal Corp For "Animals Wandering In Streets"

While affirming the Permanent Lok Adalat's grant of compensation to the tune of Rs. 3 lakhs for death caused by a stray bull, Rajasthan High Court has fastened the responsibility of wandering stray animals on Bikaner Municipal Corporation.

The single-judge bench of Justice Vinit Kumar Mathur held that Section 22-A of the Legal Services Authorities Act, 1987 contemplates that 'public utility service' includes 'a system of public conservancy or sanitation'. Relying on this definition, the bench sitting at Jodhpur noted that Lok Adalat was right in holding the Corporation responsible for the payment of compensation to the husband and children of the deceased.

“….since the petitioners have failed to discharge their duties for removal of the garbage and eatables from the streets resulting into the stray animals wandering on the streets, the Permanent Lok Adalat had the jurisdiction in the wake of Section 22A (b) (iv) of the Act of 1987 to deal with the matter and has correctly adjudicated the application…”, the court observed while upholding the Lok Adalat's decision to rely on Section 22-C(8) of the 1987 Act [deciding the dispute not related to an offence if no settlement between parties] and grant compensation.

Justice Vinit Kumar also took note of the Corporation's lapses in maintaining the system of conservancy and sanitation, which has resulted in stray animals making the life of passers-by difficult.

“…It is high time when a recourse, as has been taken by the Permanent Lok Adalat, is resorted to by awarding compensation to the persons who have suffered injuries and deaths in such cases. The stringent action of fastening the liability on the Municipal Corporation to pay the compensation in such cases will be helpful…”, the court noted.

Since there was no dispute regarding how the incident resulting in the death of the concerned person occurred, the court noted that the Corporation had failed to discharge its services and duties as mandated by law. Accordingly, the court dismissed the writ preferred by the authorities and allowed the private respondents to recover compensation from the erring officers as ordered by the Adalat.

“…Since, in the present case, the petitioner has failed to keep the stray bulls and cows off the road, it has resulted into a number of accidents taking place everywhere including the one in hand at Bikaner.”, the court further added.

The counsels appearing for the petitioner had contended that the Municipal Corporation is not liable for the movement of stray animals on the streets. According to them, the Lok Adalat had no jurisdiction to entertain the matter since the services rendered by the Corporation did not come within the definitions in Section 22 A (b) of the 1987 Act.

Advocates Shyam Sunder Ladrecha and Devendra Singh Pidiya represented the petitioners.

Case Title: Municipal Corporation, Bikaner & Anr. v. Dhanna Ram & Ors.

Case No: S.B. Civil Writ Petition No. 971/2024

Citation: 2024 LiveLaw (Raj) 28

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