Case Note & Summary
The petitioner, Kavita Khobragade, a labourer from Waneri, Maharashtra, was attacked by a tiger and sustained multiple lacerated simple wounds on her shoulder, arm, near axilla, and chest wall. She was admitted and treated at the General Hospital, Chandrapur for ten days. The medical certificate indicated no permanent deformity. The petitioner claimed compensation of Rs.1,00,000/- for serious injuries under the Government Resolution dated 28.11.2016, which provides compensation for man-animal conflict: Rs.5,00,000/- for death, Rs.4,00,000/- for permanent disability, and Rs.1,00,000/- for serious injuries. The respondents denied the claim, leading to the filing of a writ petition. The court considered the definition of 'serious injury' under the Government Resolution, noting it is not defined. The court reasoned that serious injury can be physical as well as mental, and the mental trauma from a terror-struck sudden tiger attack, though invisible, is more grievous and serious, especially when a person survives by narrow escape. The court held that such an attack is per se serious and grievous injury. Accordingly, the court directed the respondents to grant the petitioner compensation of Rs.1,00,000/- in terms of the Government Resolution, to be decided within twelve weeks. The rule was made absolute with no order as to costs.
Headnote
A) Compensation - Man-Animal Conflict - Serious Injury - Government Resolution dated 28.11.2016 - The petitioner suffered multiple lacerated wounds from a tiger attack and was hospitalized for ten days. The court held that 'serious injury' under the Government Resolution includes mental trauma and terror-struck sudden attack, which is per se serious and grievous, even if no permanent deformity results. The court directed the respondents to grant compensation of Rs.1,00,000/- within twelve weeks. (Paras 2-4)
Issue of Consideration
Whether the injuries sustained by the petitioner due to a tiger attack constitute 'serious injury' under the Government Resolution dated 28.11.2016, entitling her to compensation of Rs.1,00,000/-.
Final Decision
The court directed the respondents to grant the petitioner compensation of Rs.1,00,000/- in terms of the Government Resolution dated 28.11.2016, to be decided within twelve weeks. Rule made absolute with no order as to costs.
Law Points
- Serious injury includes mental trauma
- Government Resolution dated 28.11.2016
- Compensation for man-animal conflict
