The Municipality is strictly liable to compensate for harm caused by stray animals, and the writ court has the authority to award compensation.

JUDGMENT

Rajiv Narain Raina, J. - Attar Singh Yadav, the husband of the petitioner, aged 60 riding on a two wheeler scooter No.HR 16K 3991 while passing through the main market of Bhiwani on his way to attend the anniversary of a former Minister at Rajput Dharamshala, Rohtak Gate, Bhiwani on 31.12.2015 at about 1.00 PM on reaching near about the New Housing Board was unfortunately caught in the midst of a fight between two raging stray bulls. On seeing the bulls fight, he alighted from his scooter to keep himself away from harm, but the bulls had the better of him and as a result thereof, he was fatally injured in the attack. He was taken to the Civil Hospital, Bhiwani where he was declared brought dead by the doctors. The death was due to multiple injuries sustained by him from the horns of the stray bulls. The post mortem report reveals seven injuries on his person with multiple rib fractures on the left side of the chest. In the opinionof the doctors, death was due to injuries caused to vital organs i.e. lung etc. which were anti mortem in nature and sufficient to cause death in the ordinary course of life. DDR No.8 dated 31.12.2015 under Section 174 Cr.P.C. was entered on the same day at Police Post, Jain Chowk, Bhiwani. The death report records injury marks on above and nearby the left shoulder, scratch marks right shoulder and scratch marks on the left foot. In the medical report, cause of death is recorded due to injuries suffered from the bull attack. The incident was reported in the Press i.e. Bhaskar News, Bhiwani (Annex. P-3). The headline of said newspaper read: "Due to bulls fight death of a proprietor of a private school; Terror of bulls in the city, No remedy is with the Administration." The media report narrates the story that Avtar Singh was riding a scooter and due to fight of bulls, one bull hit his scooter making him lose balance in the midst of fighting bulls which led to his falling down and being gored to death. On seeing this ugly scene, some bystander took him in the Civil Hospital. The doctors declared him brought dead.

2. Claiming death by negligence and carelessness by the respondents, the petitioner sent a legal notice to them demanding compensation for the untimely death of her husband. The legal notice having received no response, either from the Municipal Committee, Bhiwani within whose municipal limits the incident occurred or from the Deputy Commissioner, Bhiwani.

3. Present petition has been filed claiming compensation based on the provisions of the Haryana Municipal (Registration and Proper Control of Stray Animals) Bye-laws, 2006 dated 27.4.2007 (Annex. P-6) making out a case of negligence of the municipality.

4. Learned counsel for the petitioner contends that it is the statutory duty of the Municipal Committee to keep stray animals away from streets/roads and public places and to compensate victims who die due to injuries sustained in an attack by stray animals. Paragraph 2 (b) of the Bye-laws defines "animal" to mean any male or female buffalo, horse, camel, cow, calf, bull, pony, donkey, goat, sheep, pig, elephant, nilgai, deer etc. In Clause (e) of Paragraph 2 "cattle pound" has been defined as an enclosure where all types of stray animals are kept after being impounded. Paragraph 2 (j) defines "stray animal" to mean an ownerless animal (male/female) as defined in clause (b) of Section 2 found straying within municipal limits. Paragraph 10 of the Bye-laws further provides as under:-

"All the revenues collected by way of registration/renewal fee and penalty charges shall be used for the following purpose, namely:-

(a) for maintenance of cattle pound;

(b) for payment of compensation to the victims of stray cattle;

(c) for payment of premium for third party insurance of registered animals; and

(d) cost of identification and veterinary health care of stray animals."

5. The petitioner urges that had the respondents acted in performance of the8ir statutory duties to round up stray bulls and remove the