High CourtsDivision Bench(2019) 08 BOM CK 0030

Kavita vs Government Of Maharashtra And Ors

Bombay High Court · Decided on 2 August 2019

HON’BLE JUDGES
R.K. Deshpande, J · Vinay Joshi, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 4490 Of 2017

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Judgment

6 paragraphs · 308 words

R.K. Deshpande, J

1.

Rule. Rule made returnable forthwith. Heard the matter finally by the consent of the learned counsels appearing for the parties.

2.

The Government Resolution dated 28.11.2016 deals with the compensation arising out of man and animal conflict and in case of death, the compensation is of Rs.5,00,000/­, in case of permanent disability, it is of Rs.4,00,000/­ and in case of serious injuries, it is of Rs.1,00,000/­. The petitioner was admitted and treated in the General Hospital at Chandrapur for ten days. The certificate shows that as a result of Tiger attack there are multiple lacerated simple wounds on the shoulder, arm, near axilla and the chest wall found on the body of the petitioner. The certificate further shows that there is no deformity in the body developed due to Tiger attack. The claim of the petitioner for compensation of Rs.1,00,000/­ for the serious injuries is denied. Hence, this petition.

3.

What is the "serious injury" is not defined under the Government Resolution dated 28.11.2016. It can be physical as well as mental. The mental injury or trauma as a result of "Terror­struck sudden Tiger attack", though invisible, is more grievous and serious in nature, when a man survives by narrow escape. It is per­se serious and grievous injury. Mere imagination of Tiger attack gives someone creeps. The sufferings can be perceived only by a person who is the subject of attack. It is therefore hard to believe that there cannot be serious injuries due to Tiger attack.

4.

In these facts and circumstances of the case, we direct the respondents to grant the petitioner compensation of Rs.1,00,000/­ in terms of said Government Resolution dated 28.11.2016. The decision be taken within a period of twelve weeks from today.

5.

Rule is made absolute in the aforesaid terms. There shall be no order as to costs.