The judgment was passed on August on a batch of petitions concerning stray dog attacks, injuries or deaths due to collisions with stray cattle, bulls or wild animals on public streets and national highways.
The Punjab and Haryana High Court has mandated compensation for victims of encounters with stray animals on public roads and highways in Chandigarh, Punjab, and Haryana. This directive, dated August 18, 2023, follows 193 petitions seeking compensation for injuries or fatalities resulting from such incidents.
Acknowledging the uncertainty faced by victims and their families regarding the appropriate authority for seeking compensation, the Court noted the lack of clarity in state policies and insufficient financial assistance.
To streamline the compensation process, the Court established committees in Punjab, Haryana, and Chandigarh. The Court issued specific directives for these committees to expedite the resolution of compensation claims.
Notably, the Court set a minimum compensation of ₹10,000 per tooth mark caused by stray dog attacks. In cases involving a dog bite, the financial assistance was specified to be a minimum of ₹10,000 per tooth mark and ₹20,000 per “0.2 cm” of the wound where flesh has been pulled off the skin.
Compensation, as per state policies, will be awarded, with the Court specifying that Chandigarh would implement Punjab’s policy due to its advantage.
Furthermore, the Court clarified that presenting a compensation claim to the committee does not preclude the claimant from seeking compensation in civil court if necessary.
Expressing concern over the rising number of roadside feral animals and fatalities, Justice Vinod S. Bhardwaj criticized the government’s apparent lack of initiative in addressing the issue. The Court emphasized that the government is strictly liable for compensating the public for failing to protect them from animal attacks.
To expedite compensation for individuals injured in vehicle collisions with animals, the Court outlined a procedure. The Station House Officer (SHO) is instructed to document such incidents in a Daily Diary Report (DDR), validate assertions, record witness statements, create a site plan and summary, and submit the report within thirty days of receiving the information.
