JUDGMENT :

(Goutam Bhaduri, J.)

Dr. Pradeep Beck (M.D. Medicine), Professor Medicine, Medical Superintendent, Govt. Medical College Associate Hospital (Rajnandgaon) is present in the Court to place certain documents on record with respect to treatment of deceased.

- In these four appeals by the State, the challenge is to the compensation granted by the learned Single Bench for the death caused by rabies infection due to stray dog bites.

(i) WA No.409/2020

1. This appeal is against the order dated 18.6.2019 passed by learned Single Bench in WPC No.1178/2019 whereby the State Government was directed to pay compensation to the tune of Rs.10.00 lakhs (Rupees Ten Lakhs Only) to the petitioner (father of deceased).

2. The brief facts of this case are that on 07.10.2018 Gend Lal, (since deceased) son of Bhaiyalal suffered a stray dog bite, who was aged about 38 years. According to the respondent, father of deceased, after local treatment, the victim developed a symptom of hydrophobia on 4-5/11/2018. Thereafter, on 05.11.2018 deceased was taken to CIIMS hospital at Bilaspur from village. According to the respondent, deceased was not treated and was sent away to Dr. Bhim Rao Ambedkar Memorial Hospital, Raipur wherein he died on 06.11.2018.

3. According to the learned State Counsel appearing for appellant/State, the learned Single Bench has relied on the judgment of this Court in Shobha Ram Vs. State of Chhattisgarh passed in WPC No.1856 of 2018 on 10.10.2018 along with other cases wherein a compensation of Rs. 10.00 lakhs was granted and further in a reference case viz In Reference Court on its own motion (Regarding Death of Ku. Divya Verma, D/o Shri Ashok Verma due to Rabies) Vs. State of Chhattisgarh passed in WPPIL No.24/2017 where also a death took place by dog bite, a compensation of Rs.10.00 Lakhs was granted. He would submit that facts of those cases would not be applicable to the present case as neither any pleading exists where dog bite took-place nor the Gram Panchayat was made a party which was a necessary ingredient as prescribed in case of Shobha Ram (Supra). He would further submit that in order to ascertain quantum of damages, an enquiry would be necessary as per the law laid down by the Hon'ble Supreme Court in Anupam Tripathi Vs. Union of India [(2016) 13 SCC 492]. He would also submit that according to the respondent (father of deceased) himself, the deceased did not undergo the scheduled treatment of vaccines, which is required for dog bite and absconded from hospital, therefore, no treatment could be given.

4. Per contra, learned counsel for the respondent would submit that deceased belongs to a remote village at Gourella and despite his visit to health center, could not get the medical support for treatment. He would submit after the stray/ rabies dog bite, when he developed hydrophobia symptom, he was brought to CIIMS Hospital at Bilaspur, which is a district headquarter wherein he was not allowed to be admitted and instead of admitting the deceased, he was referred to a long distant hospital of Raipur which is 120 K.Ms away from Bilaspur. He would submit that this act of Appellant/State would amount to negligence. Consequently, the compensation to that extent granted by the learned Single Bench is justified.

(ii) WA No.126/2021

5. This appeal is against the order dated 17.9.2020 passed by learned Single Bench in WPC No.1713/2019 whereby the State Government was directed to pay compensation to the tune of Rs.5.00 Lacs (Rupees Five Lacs Only) to the petitioner.

6. Brief facts of this case are that one Sukhit Ram Razak, aged about 52 years, was bitten by stray dog on 13.6.2018 while he was going for his job. He was admitted to the Government Medical Hospital, Rajnandgaon on 13.6.2018, but, was discharged on 18.6.2018. However, on 30.6.2018 he developed rabies infection and eventually succumbed to it on 30.6.2018. The l