HC grants Rs 2.5 lakh ex-gratia to family of infant killed in dog attack

New Delhi: The Delhi High Court has directed the city government to pay Rs 2.5 lakh ex-gratia to the parents of a 5-month-old infant who was mauled to death by a dog, observing that the stray dog menace in the national capital is a serious issue affecting human life and dignity.

The court, which took a sympathetic view and awarded the ex-gratia, said the record does not clarify whether the dog bit the baby was a stray or a leashed canine that was abandoned by its owner.

It further said that the absence of clear evidence establishing the responsibility of State instrumentalities prevents this court from applying the “res ipsa loquitur” (mere occurrence of some types of accident is sufficient to imply negligence) maxim and holding the Municipal Corporation of Delhi (MCD) negligent in the case.

“Notwithstanding the factual scenario of the present case, before parting, it is pertinent to observe here that the stray dog menace in Delhi is a serious issue affecting human life and dignity. Undeniably, the relationship between humans and dogs is at times a relationship of compassion and unconditional love.

“The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both humans and dogs. It cannot be gainsaid that the issue requires a multi-faceted response, fostering an environment of empathy and balanced co-existence,” Justice Purushaindra Kumar Kaurav said.

The court noted that the stray dog menace and the responsibility of maintaining stray dogs in a safe condition is the subject matter of various petitions across high courts and the Supreme Court.

It passed the judgement on a plea by the child’s mother seeking a compensation of Rs 50 lakh for the tragic

death of her five-month-old son who was fatally bitten by the dog in 2007.