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2018 Supreme(Bom) 2681

A.S.OKA, SANDEEP K.SHINDE
Maruti Shrishailya Hale – Appellant
Versus
Commissioner, Sangli Miraj Kupwad Corporation – Respondent


Advocates Appeared:
Manoj Shirsat, Adv., Padmanath D Pise, Adv., Sudhir Prabhu, Adv., P.P. More, Adv.

JUDGMENT

A.S.Oka, J. - Heard the learned counsel for the petitioners, the learned counsel for the respondent Nos.1 and 2 and the learned AGP for respondent Nos.3 and 4. The facts of this case disclose sad and shocking state of affairs. The petitioners are young parents of a boy who was 5 years old. On 22nd December 2016, the petitioner No.1 along with his son Tejas went to see a cricket tournament within the limits of Sangli-Miraj-Kupwad Municipal Corporation (for short "the said Municipal Corporation") which is duly constituted under the Maharashtra Municipal Corporations Act,1949. While returning home, the child was attacked by 5 to 6 stray dogs. The petitioner No.1 tried to help him but it was too late. As a result of large number of serious injuries sustained by the child due to dog bite, he succumbed to the injuries on the very day in Civil Hospital, Sangli. The copies of the inquest Panchnama and the P.M.Notes are annexed to the petition. As per Column No.17 of the P.M.Notes, the poor and unlucky child received as many as 19 injuries. Many of the injuries were caused due to the dog bite. The cause of Death certificate was issued by the Government Hospital on next day recording

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