Stray dog bite case: Punjab and Haryana High Court orders ₹10k compensation per tooth mark

The Punjab and Haryana High Court has issued directions to ensure that victims of attacks or collisions with stray or wild animals in Punjab, Haryana, and Chandigarh are properly compensated by the government [Rajwinder Kaur and Anr vs State of Haryana and Ors]..These directions were passed in a judgment dated August 18, 2023 in a batch of 193 petitions seeking compensation for injuries or deaths caused by encounters with stray or wild animals on public streets and national highways. .The Court noted that there was confusion among the victims and their families as to which authority they should approach for compensation."Further, even if the State has any policy, the same are not made known to a litigant and even the financial assistance is petty," the Court added..The Court, therefore, constituted committees in Punjab, Haryana and Chandigarh to make it easier to apply for compensation. The Court also issued certain guidelines for these committees to follow so that the compensation claims are decided in an expeditious manner.Notably, in cases of stray dog bites, the Court said that the compensation given should be at least ₹10,000 per tooth mark of the dog. "Additionally, in the cases relating to dog bite, the financial assistance shall be at a minimum of ₹10,000 per teeth mark and where the flesh has been pulled off the skin, it shall be a minimum of ₹20,000 per "0.2 cm" of wound," the judgment stated. The Court added that the compensation will be awarded as per the respective State policies. However, in the case of Chandigarh, the policy of Punjab will apply as it is more beneficial, the Court said. The Court also clarified that a compensation claim before the committee would not bar any claimant from approaching the a civil court for compensation, if required. .Justice Vinod S Bhardwaj further expressed concerns about the larger issue of rising fatalities and the increasing number of stray animals on roads. The Court lamented that the government had shown no inclination to address the problem."They have chosen to look the other way as people suffer injuries every day and underplay the magnitude of the problem by under-recording the incidents. The denial of existence of a problem does not redress the problem but only escalates the agony of the citizen," the Court said..The Court also pointed out that the government has a strict liability to compensate the public for a failure to protect them from animal attacks. "People cannot be left to fend for themselves for a State failure. The rights of the claimants stand further crystallized since the State has been collecting road tax/user fee from the persons using the highways and roads and the Local Bodies are also collecting various types of taxes/fee/cess from the residents and are entitled to levy penalty/fine on the owners who have not been able to impound/keep their animals in chains and/or control," the Court explained. .To ensure that there is no delay in compensating victims of animal attacks or vehicle collisions with animals, the Court proceeded to lay down the following procedure:On receipt of information regarding accident due to stray/wild animal, the Station House Officer (SHO) shall get a Daily Diary Report (DDR) recorded without any undue delay. The police officer shall verify the claim made and record statements of witnesses and prepare the site plan and summary. A copy of the report should be forwarded to the claimant. The report should also be furnished within 30 days of receipt of such information. .[Read Judgment]