Municipal corporations can be held liable to pay compensation for deaths caused by stray animals, and the absence of specific provisions for compensation in existing laws does not absolve them from this liability.

RAKESH KUMAR JAIN, J.

1. The petitioner, a housewife, has prayed for compensation for the death of her husband Vidya Bhushan, killed by a stray bull on 01.02.2014, when he was going to the construction site of his house on his moped No. PB-48-C-2067. Deceased Vidya Bhushan was taken to the Civil Hospital, Mandi Gobindgarh in an ambulance by the neighbour, where he succumbed to the injuries caused by the bull.

2. The petitioner, who is now left with her 18 years old daughter, studying in 12th class, alleged to be at the mercy of her relations, moved an application for compensation to the respondents and ultimately had to file a writ petition bearing CWP No. 5488 of 2015, which was disposed of on 25.3.2015 by this Court with the following observations:

"Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to The Deputy Commissioner, District Fatehgarh Sahib, Punjab and The Municipal Corporation through its Executive Officer, Mandi Gobindgarh, Disrict Fatehgarh Sahib, Punjab, respondents No. 2 and 3 respectively to consider and decide the applications of the petitioner dated 21.01.2015 (Annexures P-3 and P-4 respectively) within a period of three months from the date of receipt of certified copy of this order.

In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to her within a further period of two months. In case the claim of the petitioner is not to be accepted, a well-reasoned and speaking order be passed and conveyed to her forthwith."

3. Thereafter, the Deputy Commissioner, Fatehgarh Sahib passed the order on 23.7.2015, the relevant portion of which reads as under:

"That I have thoroughly examined the case and explored all the possibilities available in this case. The petitioner has alleged that the death of her husband was due to injuries caused by a bull. As per the police report, the person has been killed in an accident with a bull. Though it is one of the duties of the Municipal Committee to take care of such stray animals but no provision is available in Municipal Act, 1911 to provide compensation to the family of the deceased if any such incident occurs Also, it is pertinent to mention that the case of granting compensation to the deceased in such cases is not covered under any rules or policies of the Government of Punjab. The provisions of the Chief Minister Relief Fund also do not cover such type of cases. Also no compensation can be provided to the family of the deceased by the Red Cross Society, Fatehgarh Sahib as the case is not covered under the norms of the society. The deceased could have been compensated, had he taken any insurance to cover accidental death in such accidents. The petitioner has not mentioned anything to this effect, therefore, it cannot be commented upon.

The husband of the Applicant died in though an extremely unfortunate and tragic accident but in the absence of any provision/policy in Government to grant compensation in such accidental death, no compensation can be given to the family of the deceased person.

In view of the above, I kamaldeep Singh Sangha, IAS, Deputy Commissioner, Fatehgarh Sahib decline the application date 21.01.2015 filed by the Applicant (Annexure P-3 with the CWP)."

4. The petitioner has again approached this Court seeking compensation. Notice was issued by this Court not only to the respondents but to the State of Haryana as well to find out as to whether any provision has been made by the State of Haryana for compensating persons like the petitioner, in case of injury/death by a stray cattle/animal.

5. Learned counsel for the state of Haryana has produced a Notification dated 27th April, 2007 notifying the Haryana Municipal (Registration and Proper Control of Stray Animals) Bye-laws 2006 in which "cattle pound" has been defined in clause (e) of para 2 of the Bye-laws, which means an enclosure where all types of stray animals are kept after being impounded. S