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Bombay high court has ordered the Mumbai State Government and the Municipal Corporation of Sangli to compensate the parents of the deceased Tejas, who died on 23rd December 2013. Tejas a 5 years boy along with his father was returning after watching a cricket match. On the way back home he was attacked by a group of 5-6 stray dogs. His father tried to save him however could not. Tejas was bitten severely by the group of dogs causing injuries and later he succumbed to the injuries in the hospital resulting in his death. Subsequently a death certificate was issued by the government hospital where he was taken and the reason for the deaths was mentioned as – haemorrhagic shock, which means death is due to severe blood loss leading to inadequate delivery of oxygen to the body.
The court in its order accepted the fact that there is no doubt that the death of the child was due to a dog bites and there is no doubt in it. Also, the court said that the state municipal corporation and the civic bodies are to ensure prevention from menace of the street dogs. The court observed that sufficient powers are vested in the authorities under the provisions of the Animal BirthControl (Dogs) Rules 2001, to prevent dog attacks. Further, Article 21 which scope has been widened by the Supreme Court in various judgements, the state is responsible for protection of the citizens and to provide them withdignified life, which it has failed to do to the parents of the deceased who have undergone a mental trauma.
The court further ruled that the committee that was headed by the Secretary of Urban Development Department was formed to look into dog bite cases and was also to decide and quantify if there is any compensation to be given to the family. However the committee did not decide anything till one and half years and only filed an affidavit. Father of the deceased child claimed that the death was due to negligence by the state & the civic authorities and thus seeked the compensation of Rs. 20,00,000 from the authorities. The courtwith reference to the judgement in the case of Rudul Shah v/s State of Bihar, in which the court held that theArticle 226 of the Constitution is a remedyavailable in public law also, ordered the civic authorities and the state government to compensate the parents with an interim relief of Rs. 50,000 out of the asked compensation of Rs. 20,00,000 by the petitioners.
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