Delhi HC grants Ex Gratia compensation of Rs. 2.5 lakh for death of infant by dog bite, says dog menace is a serious issue

New Delhi [India], September 28 : The Delhi High Court has recently granted a lump sum ex gratia compensation of Rs. 2.5 lakh to a mother whose five-month-old infant was bitten to death by a stray dog in 2008. This case pertains to Tilak Nagar area in national capital.
The High court observed that the stray dog menace in Delhi is a serious issue affecting human life and dignity. Undeniably, the relationship between humans and dogs is at times a relationship of compassion and unconditional love.
The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.
It cannot be gainsaid that the issue requires a multi-faceted response, fostering an environment of empathy and balanced co-existence, the High court said.
Justice Purushaindra Kumar Kaurav directed the Delhi Government to pay the compensation within three months. "The Court deems it appropriate to grant an ex-gratia lump sum amount of Rs. 2.5 Lakh, to be paid by GNCTD to the petitioner," Justice Kaurav said in the judgement passed on September 26.
The High court said that the petitioner is also at liberty to pursue appropriate legal remedies in the Civil Court. If the petitioner does so, let the competent Civil Court to adjudicate the matter within one year from the date of institution of any such suit.
It is further clarified that the ex-gratia amount awarded by this Court is independent of, and in addition to, any compensation that may be awarded by the Civil Court.
The High court passed the order on a plea of a woman Seeking compensation of Rs. 50 lakhs, emanating from the tragic death of a 5- months old infant child who was fatally bitten by a dog.
The petitioner is the mother of the deceased, who was residing in Tilak Nagar, New Delhi, along with her family comprising of herself, her husband, two daughters and the deceased son.
On 16.08.2007, at around 6.15 A.M., when the petitioner's kids were sleeping in the house, a stray dog entered their room and started attacking the deceased. Upon realising the disturbance so made, the elder daughter woke up and saw the dog mauling the deceased.
She raised an alarm and called for help from the petitioner's husband, who had gone out of the house to fetch water. By the time the petitioner and her husband rushed in, the dog had already severely injured the deceased's eyes, nose and cheeks.
It was alleged that as soon as the husband of the petitioner saw the dog, he picked up the broomstick and started hitting the dog, who also tried to attack him but subsequently ran away.
Thereafter, the deceased was immediately rushed to Deen Dayal Upadhyay Hospital, where he was admitted to the Intensive Care Unit (ICU) but unfortunately, he succumbed to the injuries and died.
A complaint on 16.08.2007 was recorded at Police Station Tilak Nagar and the body of the deceased was handed over to the parents.
On 04.04.2008, a legal notice was sent by the petitioner to Delhi Government and Municipal Corporation of Delhi (MCD) seeking compensation to the tune of Rs.5 lakh.
The petitioner, thereafter, has filed the instant petition to agitate her grievance, primarily seeking the relief of compensation. Counsel for petitioner submitted that it is an incontrovertible fact that the petitioner's infant child was fatally bitten by a stray dog, resulting in his unfortunate death.
He contended that the incident in question occurred as a direct consequence of the negligence on the part of the respondents and therefore, the respondents must be held liable for the negligence.
It was emphasized that despite the sterilization measures purportedly undertaken by the MCD, the population growth of stray dogs remains a prevailing concern in nearly all the streets and colonies across the city.
He averred that the Delhi Government and MCD have a duty to ensure that the areas inhabited by humans are adequately protected from any threats posed by street or stray dogs.
According to the petitioner, the dereliction of this duty has resulted in the violation of the fundamental right to life enshrined under Article 21 of the Constitution of India, the bench noted.
The counsel also referred to the Section 399 of the Delhi Municipal Corporation Act, which casts a duty on the MCD and its Commissioner to register and regulate dogs within its jurisdiction.
According to him, the said measures have not been adopted by the MCD. He further submitted that the Central Government has established the Animal Birth Control (Dogs) Rules, 2001 and in adherence to the same, the MCD is required to play a significant role.
According to these rules, the MCD is obligated to establish a sufficient number of dog pounds, including kennels and shelters managed by animal welfare organizations, and to provide an adequate number of dog vans equipped with ramps for the capture and transportation of street dogs, the counsel submitted.
Each van must be staffed with a driver and two trained dog catchers, and an Ambulance-cum-Clinical Van must be provided as a mobile centre for the sterilization and immunization of dogs, he added.
Advocate R.K Saini was appointed as the amicus curiae in the matter on 15.12.2014 and had submitted a report dated 15.01.2015. The report highlighted the alarming proportions of the stray dog menace and the increasing population in Delhi. It also stated some solutions adopted by other cities in India and recommended that the same be also adopted in Delhi.