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HIGH COURT OF DELHI
PURUSHAINDRA KUMAR KAURAV, J
GEETA DEVI – Appellant
Versus
GOVT OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. circumstances of the child's death due to dog attack. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. liability and negligence of state authorities regarding stray dogs. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's rationale in applying public law principles. (Para 12 , 13 , 19 , 22 , 27 , 28 , 34) |
| 4. application of res ipsa loquitur concerning state negligence. (Para 24 , 36 , 42) |
| 5. judgment granting ex-gratia compensation and the court's observations. (Para 48 , 50) |
JUDGMENT
In the instant writ petition, the Court is called upon to consider a claim for compensation of Rs. 50 lakhs, emanating from the tragic death of a 5-month-old infant child, namely Dewan Singh (hereinafter “deceased”) who was fatally bitten by a dog.
2. The facts of the case would exhibit that the petitioner is the mother of the deceased, who was residing at plot No.7, 23 Block, near Post Office, Tilak Nagar, New Delhi-110018, along with her family comprising of herself, her husband, two daughters, namely Manisha (6-year-old) and Ninnu (2-year-old) and the deceased son.
3. On the fateful day of 16.08.2007, at around 6.15 A.M., when the petitioner‟s kids were sleeping in the house, a stray dog entered their room and starte
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