Back
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 :
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.
2.1. The said incident was published on 01.12.2016 in Odia daily newspapers, namely, “The Samaj” and “The Amrutadunia” and others. The petitioner also came to know the fact from the reporter/ editor concerned of the aforesaid newspapers. Therefore, he approached this Court by filing this writ petition 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 protec
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.
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
