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An eight-year-old boy and his sister were mauled by more than 20 stray dogs in Lucknow when they were returning home from their father's nearby shop.
In the suo moto Public Interest Litigation (PIL) registered after the death of an eight-year-old boy who was mauled by more than 20 stray dogs in Lucknow, Uttar Pradesh, the Allahabad High Court has asked the Nagar Nigam to reply as to why Rupees 10 Lakh cannot be awarded as compensation to the family of the deceased child.
The bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar directed the Lucknow Nagar Nigam to file an affidavit stating the same.
In pursuance of court's earlier order, the Additional Advocate General had informed the court that the District Magistrate, Lucknow has accorded his sanction to provide a sum of Rs.1,50,000 to the family members of the deceased child from Lucknow Rifle Club.
However, taking into account the argument raised by Adv. Mohd. Kumail Haider, counsel for the father of the deceased child, Court opined that the adequate compensation should be a sum of Rs. 10,00,000.
Haider had contended that the horrifying incident had prima facie occurred on account of negligence in discharge of its duties by Nagar Nigam. If the State or any of its instrumentalities fails to discharge statutory or otherwise obligations and duties which becomes the cause of loss of human life, surviving family members of the deceased are necessarily be provided some solace by way of monetary compensation or otherwise, he had submitted.
Asking Nagam Nigam to file its affidavit on the question of the amount, Court requested the Amicus Curiae Vijay Dixit, Abhishek Pratap and Mohit Pandey to give a written brief as to why and under what provision of law the family members of the deceased child can be compensated monetarily.
Moreover, Court called upon Lucknow Nagar Nigam to file a separate affidavit as to the legal position and compliance thereof by Nagar Nigam for ensuring the safety of street dogs.
The development took place in view of the apprehensions raised by one Sri Kamal Sharma through Adv Sri Amal Rastogi, who moved an application seeking intervention in the case, regarding the welfare of the animals.
Sharma claimed himself to be a member of the Society for Prevention of Cruelty to Animals associated with the welfare of animals.
Furthermore, on the last date of hearing, the Court had directed the Chief Medical Officer to provide all medical assistance to the sister of the deceased child, who was also injured by the dogs during the attack. Court had ordered that all possible medical treatment shall be given to the injured girl child without any charges.
The Registrar of the King George Medical University (KGMU) filed an affidavit stating therein that the injured girl child has been provided appropriate treatment.
Taking note of the same, Court lauded the Chief Medical Officer, Lucknow and the Registrar and the Vice-Chancellor of the King George Medical University for their efforts in providing appropriate treatment to the injured girl.
The case will be next heard on August 20.
The deceased child and his sister were attack by a pack of dogs in Lucknow when they were returning home from his father's nearby shop. News reports covering the incident were published in ‘Dainik Jagran’ and the ‘Times of India’ and taking the same into account, the Lucknow Bench of the high court took suo moto cognizance of the issue of menace created by stray dogs in month of April this year.
Case Title: Suo-Moto In Re- Menace Created By Stray Dogs v. State of UP and Ors (one other connected matter)
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