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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Bibhuti Charan Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks action against stray dogs. (Para 1 , 2) |
| 2. arguments highlight state's negligence. (Para 3 , 4) |
| 3. negligence leads to compensation liability. (Para 20 , 21) |
| 4. compensation amount set for deceased child's family. (Para 50 , 51) |
| 5. writ petition allowed following negligence. (Para 52) |
JUDGMENT :
B.R. SARANGI, ACJ.
The petitioner, an advocate by profession, has filed this writ petition by way of public interest litigation, seeking direction to the opposite parties to control and check the roaming dogs within the human inhabitants and also take necessary, appropriate or adequate action for the protection of the human lives and to pay compensation of Rs.10.00 lakhs to the family of the deceased child.
2. The factual matrix of the case, in brief, is that one male child, namely, Satyabrata Rout, son of Hrudananda Rout at Jagannath Colony under Kumbharpada Police Station, Puri, while playing by the side of his house adjacent to the public road, on 01.12.2016, one after another four roving dogs furiously attacked him in the hunting manner. Hearing his cry, his mother and nearby neighbours came to the spot immediately, but the attack of the street dogs was so fu
Negligence of Municipal Authorities in failing to control stray dogs resulted in a child's death; they are liable for compensation under Article 21 of the Constitution.
The court established that municipal authorities have a statutory duty to ensure public safety by controlling stray animals, and failure to do so constitutes negligence, which can result in liability....
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
The State is vicariously liable for compensation due to negligence in ensuring the safety of children in schools, as established under Article 226 of the Constitution.
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