IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 WP(C) NO. 37375 OF 2017 PETITIONER:

THAMBI K.R S/O. LATE DARAPPAN,KOTTAVAYAL, AMMANI NEERVARAM P.O.,PANAMARAM, WAYNAD DISTRICT-670721.

BY ADVS .

SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA SMT.BLOSSOM MATHEW RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE DIVISIONAL FOREST OFFICER KALPETTA, WAYNAD DISTRICT-673 121.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The above writ petition is filed with the following prayers:

“i) a Writ of Mandamus or any other appropriate Writ order or direction, directing the respondents to pay maximum compensation under rule 3(a)(2) of The Kerala Rules For Payment Of Compensation To Victims Of Attack By Wild Animals. 1980 ie.

Rs.75000/- to the petitioner.

ii) a Writ of Mandamus or any other appropriate Writ order or direction, directing the respondents to pay the medical expenses, including for fixing artificial leg under rule 3(a) (4) of The Kerala Rules For Payment Of Compensation To Victims Of Attack By Wild Animals.

1980 to the petitioner.

iii) a Writ of Mandamus or any other appropriate Writ order or direction, directing the respondents to enhance the compensation provided under rule 3(a) (2) of the Kerala Rules For Payment of Compensation To the Victims Of Attack By Wild Animals. 1980, to Rs.50,00,000/- from Rs.75,000/- and grant the said enhanced compensation to the petitioner.

iv) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit and necessary on the facts and circumstances of the case and allow the petition.”

2. Today when the matter came up for consideration, the counsel for the petitioner and the Government Pleader conceded that an amount of Rs.75,000/- is already paid to the petitioner. The grievance of the petitioner is that he is a victim of attack by wild elephant and thereby amputated his right leg above knee. According to the petitioner, the maximum compensation amount that can be given as per the Kerala Rules For Payment Of Compensation To Victims of Attack By Wild Animals, 1980 is only Rs.75,000/-. The counsel submitted that the petitioner is an Adivasi. The compensation amount that can be paid as per the above rules is insufficient.

3. This is a matter to be considered by the 1^st respondent. This Court cannot pass any orders directing to enhance compensation. But the grievance of the petitioner is to be considered by the 1^st respondent in accordance to law and based on the same, if any enhancement is made, the petitioner also should be given that enhanced amount. Therefore, this writ petition is disposed recording the submission that the amount of Rs.75,000/- is already paid to the petitioner and with following further direction:

(a) The 1^st respondent will consider the grievance of the petitioner that the compensation amount that can be paid as per rule 3(a)(2) of the Kerala Rules For Payment Of Compensation To Victims of Attack By Wild Animals, 1980 is insufficient and is to be enhanced. The 1^st respondent will consider this grievance and pass appropriate orders in accordance to law.

(b) The above exercise should be completed within four months from the date of receipt of a copy of this judgment.

(c) If any enhancement of compensation is fixed by the

1^st respondent, the petitioner is entitled the enhanced compensation in addition to Rs.75,000/- already paid.

Before passing orders, the Lawyer of the petitioner may be given an opportunity of hearing. I am passing this order because the petitioner is an adivasi and his Lawyer requested for the same. The address of the Lawyer with phone number will be furnished along with this judgment before the 1^st respondent by the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE scs APPENDIX OF