Develop mechanism for compensation in accidents due to stray animals: SC tells Centre, states
A bench of Justice Sanjay Karol and Justice N Kotiswar Singh noted that animal attacks killed 1,130 people across India in 2018, 1,425 in 2019, and 1,305 in 2020
Expressing serious concern over the growing number of road accidents due to stray animals on roads, the Supreme Court on Friday directed the Centre and states to put in place a mechanism for compensating victims of stray cattle accidents and ensuring better implementation of laws governing stray cattle.
As per the 2019 census, the total population of stray dogs and stray cattle in India was 203.31 lakh. A bench of Justice Sanjay Karol and Justice N Kotiswar Singh noted that animal attacks killed 1,130 people across India in 2018, 1,425 in 2019, and 1,305 in 2020.
“All states that have enacted their own laws pertaining to cattle should take steps to ensure complete and immediate implementation thereof in letter and spirit. Necessary amendments may be carried out or rules promulgated, as is deemed fit by the competent authority, to develop a mechanism for payment of compensation in accidents caused as a result of bovine/cattle, in both categories of cases, i.e., pedestrian or vehicular,” the bench said.
Writing the judgment for the bench, Justice Karol said, “It is not only these animals but also the humans that at times meet the most painful of ends while driving merrily along for no other reason but the fact that all of a sudden, an animal comes in front of the vehicle leading to a collision.”
Describing stray cattle on highways as a “constant invitation to death”, the bench said, “After all, they are not meant to be natural speed breakers, placed willy-nilly on national highways, roads and streets.”
The bench said owners of these animals should be held responsible and (they should) ensure that the animals return to their specified dwellings at the end of each day.
The verdict came on an appeal filed by one Nisha challenging the Punjab and Haryana High Court’s order setting aside Rs 29.32 lakh compensation awarded to her for husband’s death after being hit by a stray bull on the road.
Directing that tagging of all animals be mandated, the top court said this furthers the ability to keep track of them, ensuring their long-term health service, linking to veterinary check-ups and vaccinations.
“The reality of animals being let go after they cease to serve a useful, economic purpose cannot be denied. The owners choosing to make such a decision should be held responsible and ensure safe transfer of such animals to the shelters run by the appropriate authority.
“The authorities at such shelters should issue a receipt acknowledging such transfer and cause the details of such animals to be entered/ altered in the database of tagging,” the bench said. In order to ensure that the tagging, digitisation of records and smooth running of these shelters is duly undertaken; the authorities may depute a particular officer in every corporation/ department who shall be the nodal officer for such purpose, it said.
