Case Note & Summary
The petitioner, Kavita w/o Waman Kokode, a labourer residing in Wakal, Tahsil Sindewahi, District Chandrapur, filed a writ petition seeking compensation for injuries sustained in a tiger attack on 24.01.2017. While collecting Tur seeds in a farmer's field, she was attacked by a fully grown tiger, resulting in serious injuries, particularly to her right hand, rendering her unable to work. She was initially treated at Sindewahi Gramin Hospital and later admitted to Chandrapur Government Hospital for four days. The petitioner, who holds a Below Poverty Line certificate, claimed compensation under the Government Resolution dated 28.11.2016. The respondents, including the Government of Maharashtra and forest officials, opposed the petition, arguing that the incident did not occur in a forest area and that the petitioner failed to provide proper medical evidence. The court examined the facts and the Government Resolution, which provides for ex-gratia payment to victims of wild animal attacks. The court noted that the petitioner's village is covered with forest area and that the attack occurred in a field near the forest. The court held that the petitioner is entitled to compensation as per the Government Resolution, as she suffered grievous injuries and is a poor labourer. The court directed the respondents to pay compensation within four weeks, failing which interest at 6% per annum would accrue. The petition was allowed with no order as to costs.
Headnote
A) Wildlife Law - Compensation for Wild Animal Attack - Government Resolution dated 28.11.2016 - Ex-Gratia Payment - Petitioner, a labourer, was attacked by a tiger while collecting Tur seeds in a field, sustaining serious injuries to her right hand - Court held that the petitioner is entitled to compensation under the Government Resolution as the attack occurred in a forest area and the petitioner is a Below Poverty Line resident - Directed respondents to pay compensation within four weeks (Paras 1-7).
Issue of Consideration
Whether the petitioner is entitled to compensation for injuries suffered in a tiger attack under the Government Resolution dated 28.11.2016.
Final Decision
The petition is allowed. The respondents are directed to pay compensation to the petitioner as per the Government Resolution dated 28.11.2016 within four weeks from the date of the order. If the compensation is not paid within four weeks, it shall carry interest at the rate of 6% per annum from the date of the order until payment. No order as to costs.
Law Points
- Compensation for wild animal attack
- Government Resolution dated 28.11.2016
- ex-gratia payment
- duty of forest department
- right to livelihood
