Punjab-Haryana High Court
Ram Kumar vs State Of Punjab And Ors on 19 December, 2023
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
CWP-14188-2017 -1-
Neutral Citation No. 2023:PHHC:162858
103
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-14188-2017
Date of Decision: December 19, 2023
Ram Kumar
......Petitioner
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present: Mr.H.C.Arora, Advocate with
Ms.Jasleen Kaur, Advocate
for the petitioner.
Ms.Akshita Chauhan, Deputy Advocate General, Punjab.
Mr.Gaurav Mohunta, Advocate and
Mr.Rishabh Jain, Advocate for
M.C., Chandigarh.
........
RAJESH BHARDWAJ, J.(ORAL)
Petitioner has approached this Court praying for issuance of
directions to the respondents to pay compensation to the petitioner to the
tune of Rs.10.00 lakhs due to the untimely death of his son Ankit, due to
stray dog bite, inter-alia on the grounds that (i) the respondents-State of
Punjab, as well as Municipal Council of Samana were under legal obligation
under Section 109 of Punjab Municipal Act, 1911 for disposal of mad and
stray dogs and other animals; (ii) the failure of respondent No.3 (Municipal
Council, Samana) to discharge the aforesaid obligation, resulted into stray
dog bite to Ankit aged 12 years, son of the petitioner, who died due to said
stray dog bite on 26.01.2014; and (iii) the respondents are therefore liable to
share the burden of compensation of Rs.10.00 lakhs amongst them, since
Neutral Citation No. 2023:PHHC:162858
the respondent/State of Punjab cannot disown its vicarious responsibility due
to inaction on the part of the Municipal Council to kill the stray dogs
wandering within the Municipal limits of Samana Municipal Committee,
due to which the citizens of Samana are falling prey to stray dog bites, which
is clear from the death of Ankit son of the petitioner due to stray dog bite,
and treatment of four other persons from stray dog bite on a single day
(detailed particulars whereof are stated in the body of the instant Civil Writ
Petition).
However, learned counsel appearing for MC Chandigarh has
placed on record a copy of the judgment passed in CWP-22904-2016 and
connected cases on 18.08.2023 wherein a Coordinate Bench of this Court
has already decided the issue and directions have already been given to State
of Punjab, Haryana and UT Chandigarh to constitute a Committee to
determine compensation to be paid on account of a claim made with respect
to an accident/incident caused due to stray cattle/animal with such definition
would include the animals such as cows, bulls, oxen, donkeys, dogs, nilgai,
buffaloes etc. and also include the wild, pet and deserted animals as well and
hence the present petition may be disposed of as such in view of the
observations made in the above-mentioned petition.
Resultantly, the present petition is disposed of in terms of the
judgment passed in CWP-22904-2016 decided on 18.08.2023 with a further
direction to the respondents/State to decide the case of the petitioner within
three months from the date of receipt of a certified copy of this order by
adopting the procedure as specified in CWP-22904-2016 (supra). However,
in case any cause of action still survives to the petitioner, he would be at
Neutral Citation No. 2023:PHHC:162858
liberty to pursue his remedy as available to him in accordance with law.
December 19, 2023 ( RAJESH BHARDWAJ )
meenuss JUDGE
1. Whether speaking/reasoned ? Yes/No
2. Whether reportable ? Yes/No
