Orissa High Court awards ₹10 lakh compensation to man who lost only child after attack by stray dogs

The Orissa High Court on Wednesday directed the Puri Municipal Corporation to pay a compensation of ₹10 lakh to the father of a child who was killed by street dogs in 2016 [Bibhuti Charan Mohanty v. State of Odisha and Ors].The division bench of Acting Chief Justice BR Sarangi and Justice Murahari Sri Raman opined that cleanliness of the town and maintenance of the stray dogs and pigs are the statutory responsibility of the municipal authorities.It concluded that Puri municipality had not taken adequate precautions for maintenance of street dogs, and also rejected the argument that there was no provision for compensation under Orissa Municipal Act, 1950.The street dogs attack within the Puri Municipality area can be regulated by the provisions of the Odisha Municipal Act, the Court held.“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,” it observed..The order was passed in a public interest litigation (PIL) petition filed by a lawyer seeking directions to “control and check” the movement of dogs within residential areas and for grant of compensation to the deceased child’s parents.The child Satyabrata Rout had passed away within minutes of the attack by street dogs in December 2016. He was the only son of his parents. Taking note of parents’ mental agony due to the loss of the child, the Court called it painful that the municipal authority after handing over ₹50,000 to them had not taken any other remedial measures. The payment of compensation is not a matter of showing sympathy or obligation or compassion, it opined.“Rather, it is to be seen whether the parents, who have lost their only child, are adequately compensated for the irreparable loss or damages caused to them due to negligence and callous attitude of the Municipal Administration,” the Court added..Taking into consideration various judgments on the issue of compensation, the Court directed the municipality to pay the amount of ₹10 lakh to the victim’s father within a period of four weeks. Advocates R Swain, B Nayak, PK Mohanty and D Sahu represented the petitionerAdditional Government Advocate D Mohanty represented the State of OdishaSenior Advocate PK Mohanty with Advocates PK Pasayat, DN Mohapatra, J Mohanty, PK Nayak, SN Dash and P Mohanty represented the Puri Municipal Corporation[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.