Judgment

Mr. Vinod S. Bhardwaj, J.:- A bunch of 193 cases is being decided by a common judgment, with the consent of counsel for the parties, as the counsel agree that controversy involved herein is identical.

2. The issue that arises in this batch of writ petitions relates to payment of compensation to the victims/ families of victims for the incidents/accidents that have taken place on public streets/ public roads on account of any of the following:-

(i) Incidents/accidents resulting in death/injury caused due to stray/wild animal suddenly coming on road and/or in front of the vehicle (may be on account of preventive action taken by the driver/ rider), but without involvement of any other motor vehicle;

(ii) Death/injury caused due to stray/wild animal colliding or impacting with the vehicle;

(iii) Death/injury caused as a result of the vehicles hitting into any other vehicle because of stray/wild animal coming in front of the vehicle;

3. Ancillary points that arise for the consideration of this court for adjudication of the present bunch of writ petitions are as to whether:

(i) Whether doctrine of strict liability would apply on incidents/accidents due to stray/wild animals on roads and public streets fastening the liability on the State?

(ii) Whether claim for compensation/financial assistance can be made only by way of a writ petition in the absence of any statutory regulations or there is alternative mechanism?

(iii) Which agency or authority ought to be held liable for compensation and the procedure required to be followed for computation of compensation?

4. A large number of cases are being filed, drawing the concern and attention of the Court, where injured/heirs of deceased have approached the High Court under Articles 226/227 of the Constitution of India for seeking compensation for accidents resulting in death/injuries (fatal/non-fatal) either directly due to collision with stray/wild animal and/or indirectly as a result of the incidents/accidents occurring due to stray/wild animal.

5. While responding to the query as to why the claimants approach the High Court and not file a claim petition before the civil courts, the claimants have cited the following reasons:

(a) The absence of statutory policy/frame work providing a uniform criterion for determination of compensation;

(b) The common law /Civil Court remedy is perceived as inefficient; ineffective and incapable of delivering expeditious and reasonable compensation.

(c) In the event of approaching the Civil Court, an ad-valorem Court fee is required to be paid by the claimant and many times, the families of the victims are not in a position to afford payment of ad-valorem Court fee. The application for filing the suit as a pauper is often delayed due to multiple conditions and restrictions and delays in obtaining certificates from the administrative authorities.

(d) The police usually do not conduct any inquiry regarding the incidents r