Case Note & Summary
The petitioner, Uttam Sitaram Kose, a 70-year-old agriculturist, was attacked by a wild boar on 25.10.2015 while working in his field. He sustained injuries on the upper portion of his right elbow, right thigh, and chest. He was treated at Rural Hospital, Bramhapuri and discharged on 27.10.2015. The Medical Superintendent issued a certificate on 31.10.2015 stating the injuries were grievous. The petitioner claimed compensation of Rs.1,00,000/- under Government Resolution dated 30.03.2013. Although medical expenses were reimbursed, the compensation was denied by the Forest Department (Respondent No.4). The petitioner filed a writ petition before the Bombay High Court. The court found the Forest Department's stand that the injury was not grievous to be unsustainable, given the government hospital's medical certificate. The court relied on the Division Bench decision in Baburao Abaji Aglawe v. State of Maharashtra (2012(3) ALL MR 646) which considered Section 39 of the Wild Life (Protection) Act, 1972. The court allowed the petition, directing the respondents to pay compensation of Rs.1,00,000/- to the petitioner within four weeks.
Headnote
A) Wild Life Law - Compensation for Wild Animal Attack - Grievous Injury - Government Resolution dated 30.03.2013 - Petitioner attacked by wild boar while working in field, suffered grievous injuries as certified by Medical Officer of Government Rural Hospital - Forest Department denied compensation claiming injury not grievous - Court held that the Medical Officer's certificate is sufficient proof of grievous injury and compensation of Rs.1,00,000/- is payable under the Government Resolution - Held that the stand of the Forest Department is unsustainable (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to compensation for grievous injuries suffered due to attack by wild boar under Government Resolution dated 30.03.2013, despite the Forest Department's denial.
Final Decision
The petition is allowed. The respondents are directed to pay compensation of Rs.1,00,000/- to the petitioner within four weeks.
Law Points
- Compensation for wild animal attack
- Grievous injury certificate
- Government Resolution dated 30.03.2013
- Section 39 Wild Life (Protection) Act
- 1972
Case Details
2019 LawText (BOM) (12) 106
Writ Petition No. 4184 of 2017
R. K. Deshpande, Milind N. Jadhav
Shri S.N. Gaikwad for Petitioner, Ms. T. Khan, AGP for Respondent nos. 1 to 4
State of Maharashtra through Principal Secretary, Department of Revenue and Forest; Principal Chief Conservator of Forest; Divisional Forest Officer, Bramhapuri Division; Range Forest Officer (Territory), North Bramhapuri Range
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Nature of Litigation
Writ petition seeking compensation for injuries caused by wild animal attack.
Remedy Sought
Petitioner sought compensation of Rs.1,00,000/- under Government Resolution dated 30.03.2013 for grievous injuries suffered due to wild boar attack.
Filing Reason
Denial of compensation by Forest Department despite medical certificate of grievous injury.
Previous Decisions
Medical expenses were reimbursed but compensation was denied.
Issues
Whether the petitioner suffered grievous injury as certified by the Medical Officer?
Whether the petitioner is entitled to compensation under Government Resolution dated 30.03.2013?
Submissions/Arguments
Petitioner argued that he suffered grievous injury as per medical certificate and is entitled to compensation.
Respondent Forest Department contended that the injury was not grievous.
Ratio Decidendi
A medical certificate issued by a Government Medical Officer certifying grievous injury is sufficient proof for claiming compensation under Government Resolution dated 30.03.2013 for injuries caused by wild animal attack. The Forest Department cannot deny compensation on the ground that the injury is not grievous when the government hospital has certified it as such.
Judgment Excerpts
We are unable to understand the stand taken by the respondent No.4 - the Forest Department that the petitioner has not suffered any grievous injury when the Medical Officer in the Rural Hospital of the Government has issued a certificate about the petitioner suffering from grievous injury.
In the decision of the Division Bench of this Court in case of Baburao Abaji Aglawe vrs. State of Maharashtra and ors, reported in 2012(3) ALL MR 646, after considering the provision of Section 39 of the Wild Life (Protection) Act, 1972...
Procedural History
Petitioner filed Writ Petition No. 4184 of 2017 before the Bombay High Court, Nagpur Bench, after the Forest Department denied compensation for injuries suffered in a wild boar attack on 25.10.2015. The petition was heard and finally disposed of on 11.12.2019.
Acts & Sections
- Wild Life (Protection) Act, 1972: Section 39
