Stray Dog Attack Death : Chhattisgarh High Court Orders ₹6.5 Lakhs Compensation To Father Of 7 Year Old Girl

The Chhattisgarh High Court has recently ordered ₹6.5 lakhs compensation to the father of a 7-year-old girl who succumbed to injuries caused by a stray dog attack. While granting relief, the Single Judge Bench of Justice Parth Prateem Sahu observed,

“The agony and suffering of a victim of dog biting are only to be experienced or seen. In case at hand, the excruciating pain, suffering, mental agony and deprivation of faculties which would have immediately visited that girl child with her encounter with stray dog, can also easily be envisioned from the photographs annexed with writ petition.”

On 22.3.2018, daughter of the petitioner was attacked by a stray dog while she was returning home from school. The said attack caused fatal injuries on her face and head. Despite all medical efforts, she succumbed to the injuries on 6.4.2018.

The petitioner subsequently moved an application claiming compensation from the government relief fund for unnatural and untimely death of his daughter due to stray dog bite. However, his application was rejected on the ground that there is no provision under the Revenue Book Circulars (RBC) for awarding compensation in a case where death was caused due to stray dog bite.

Aggrieved, the petitioner filed a writ petition before the High Court praying for a direction to the relevant authorities for grant of compensation.

In support of his case, the petitioner annexed Rabies Post Exposure Treatment Card of deceased girl and certificate issued by the Medical Officer. He also annexed some photos of his daughter which were clicked after the said attack on her. After going through the same, the Court observed,

“Photograph of petitioner's daughter annexed with writ petition would reflect and show the extent and nature of injuries suffered by her, the wounds suffered by daughter of petitioner are gruesome. There is no dispute that the wounds appearing in the photograph were suffered as a result of biting by a stray dog.”

As the government authorities took the stand that there is no provision for grant of compensation for deaths caused by stray dog attack, the Court had to decide whether it can grant compensation in this case despite of non-availability of any formal provision in that respect.

“Untimely and unnatural death of a child cannot be valued or compensated in terms of money as it is a perennial grief to the parents and other family members and such a loss would surely lead to mental agony and trauma,” the Court observed.

Then, the Bench went on to rely on two similar cases decided by the Court previously having identical issues. In Shobha Ram v. State of Chhattisgarh & Ors. (2018) and In reference Court on its own motion (regarding death of Ku. Divya Verma) v. State of Chhattisgarh & Anr. (2017), the Court had ordered compensation to the relatives of stray dog attack victims.

Further, Justice Sahu relied on a recent decision of a Division Bench of the Court in State of CG v. Bhaiya Lal Gond (2023), wherein it was held as follows:

“Applying the above proposition of law, we are of the opinion that when the death is caused by rabies infection of stray dog bites it would also come under the purview of “strict liability” or “no fault liability” and interpreting the order of the State which grants gratuitous compensation for death, cripple and injury caused in wild animal attacks can be applied to the incidents of a stray dogs when death is caused by the bite of stray dog.”

Therefore, having regard for the above precedents and considering the brutal attack by the stray dog on the victim in the instant case, the Court deemed it apposite to award a sum of ₹6,50,000/- as ex-gratia/compensation to the petitioner. The amount was ordered to be paid within a period of three months.

Case Title: Vijay Das Manikpuri v. State of Chhattisgarh & Ors.

Case No.: WPC No. 4652 of 2019

Order Dated: July 4, 2023

Counsel for the Petitioner: Mr. Dharmesh Shrivastava, Advocate

Counsel for the Respondents: Mr. G. Patel, Government Advocate

Click Here To Read/Download Order