Delhi High Court grants Rs 2.5 lakh ex-gratia to family of infant killed in dog attack

New Delhi: The Delhi High Court has directed the city government to pay Rs 2.5 lakh ex-gratia to the parents of a 5-month-old infant who was mauled to death by a dog, observing that the stray dog menace in the national capital is a serious issue affecting human life and dignity.

The court, which took a sympathetic view and awarded the ex-gratia, said the record does not clarify whether the dog bit the baby was a stray or a leashed canine that was abandoned by its owner.

It further said that the absence of clear evidence establishing the responsibility of State instrumentalities prevents this court from applying the "res ipsa loquitur" (mere occurrence of some types of accident is sufficient to imply negligence) maxim and holding the Municipal Corporation of Delhi (MCD) negligent in the case.

"Notwithstanding the factual scenario of the present case, before parting, it is pertinent to observe here 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," Justice Purushaindra Kumar Kaurav said.

The court noted that the stray dog menace and the responsibility of maintaining stray dogs in a safe condition is the subject matter of various petitions across high courts and the Supreme Court.

It passed the judgement on a plea by the child's mother seeking a compensation of Rs 50 lakh for the tragic death of her five-month-old son who was fatally bitten by the dog in 2007.

The incident took place in the morning when the petitioner's three children, including the infant, were sleeping in their house and the dog entered the room and attacked the baby. When the woman's daughter raised an alarm, the woman and her husband rushed to save the child and the dog ran away.

The infant was taken to Deen Dayal Upadhyay Hospital but later succumbed to injuries.

The court did not exercise its discretionary powers to determine negligence on the part of the MCD as it was unclear whether the dog that injured the infant was a stray or a leashed, mad dog abandoned by its owner.

It also pointed out that there was contradiction in the statements of the infant's parents published in newspapers and in the legal notice and the petition.

The court said the fact that the infant died due to a dog bite is an undisputed fact but the allegation that it was the result of lapse and negligence on the part of the MCD is denied by the agency and the same must be established by pressing in accurate and descriptive facts or documents on record.

The mere fact that the infant died due to the dog bite in his house does not suggest any dereliction of duty or negligence by the official respondents, it said.

"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 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," Justice Kaurav said.