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2022 DAILYLAW 2344 (PNJ)

RAJWINDER KAUR AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/22163/2022 · 2026-04-27

Harsimran Singh Sethi, Yashvir Singh Rathor

body2022

Judgment text

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CWP-22163-2022 1 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22163-2022 Date of decision: 27.04.2026 RAJWINDER KAUR AND OTHERS ...Petitioners VERSUS STATE OF PUNJAB AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: None for the petitioners. Mr. Rahul Rampal, Addl. A.G. Punjab. Mr. Karan Garg, Advocate for respondent No.6. ***** HARSIMRAN SINGH SETHI , J. (Oral) 1. No one has appeared on behalf of the petitioners since December 2024. On the last date of hearing also, no one appeared and even today, no one has appeared on their behalf. 2. Learned State counsel submits that, in the present petition, directions were sought for an appropriate policy for the registration and proper control of stray animals and compensation to the victims of animal attacks and accidents, and that the said issue has already been considered by the learned Single Judge in Civil Writ Petition No. 22904 of 2016, decided on 18.08.2023, titled ‘Rajwinder Kaur and another vs. State of Haryana and others’, and the following directions have been issued to the authorities within the States of Punjab, Haryana and U.T. Chandigarh:- “(i) The States of Punjab, Haryana and UT Chandigarh shall constitute a Committee to determine compensation to be paid on account of a claim made with respect to an ASGAR ALI 2026.04.29 17:26 I attest to the accuracy and integrity of this document CWP-22163-2022 2 accident/incident caused due to stray cattle/animal with such definition would include the animals such as cows, bulls, oxen, donkeys, dogs, nilgai, buffaloes etc. and also include the wild, pet and deserted animals as well. The said Committee shall be comprised of Deputy Commissioner of the concerned District as its Chairperson and shall have the following members: (a) Superintendent of Police/Deputy Superintendent of Police (Traffic), (b) Sub Divisional Magistrate of the concerned area, (c) The District Transport Officer, (d) Representative of the Chief Medical Officer, Additional members (on case to case basis) (a) District Development and Panchayat Officer, (where the cases relating to the accident/incidents are reported to be in a Panchayat area). (b) The District Forest Officer, (where the cases relating to the accident/ incidents have taken place on account of any wild animal). (c) The Executive Engineer, PWD (B&R) (where the incidents/accidents due to stray/wild animal have taken place on the State Roads/State Highways). (d) Additional Commissioner/Executive Officer/Secretary of the Municipal Corporations/Committees (where it relates to the Local Self Government/ notified area under Municipal law). (e) The Project Director/ his Nominee and the Concessionaire/Authorized person of Concessionaire, if any, (where the accident/incidents happen on National Highways). (f) The Executive Officer or his nominee of the implementing Department (where the incidents/accidents are reported to have taken place at the site of a project being implemented/carried out under some scheme of the Government. ASGAR ALI 2026.04.29 17:26 I attest to the accuracy and integrity of this document CWP-22163-2022 3 The petitioners herein shall, if so advised, file their applications before the aforesaid Committee for grant of compensation alongwith the supporting documents as provided in the respective policies notified by the respective States. In the claims that are filed in the UT, Chandigarh, the requisite documents required to be appended shall be the same as have been provided in the scheme/policy notified by the State of Haryana extracted earlier. The compensation to be awarded by the said Committee for the incidents/accidents pertaining to the death/permanent disability in the respective States shall be as prescribed in the respective State Policies for the claims lodged in the respective States, while in relation to the claims lodged in the UT, Chandigarh, the benefit as extended in the policy of Punjab shall be awarded since the compensation proposed in the said policy is more beneficial. The abovesaid Authority may also apportion the compensation between two or more departments where the involvement is of one or more such departments. The Award shall be passed by the abovesaid Committee within a period of four months of the claims being filed before it alongwith requisite documents. Copy of the Award shall be sent to the respective departments as noticed already through the Principal Secretary/Secretary or the Project Director (in case of NHAI), who shall be liable to ensure that the compensation/financial assistance is disbursed to the claimant expeditiously and preferably within a period of six weeks of the receipt of copy of the Award passed by the abovesaid Committee. The abovesaid procedure would not operate as a bar against any claimant(s) to approach the Civil Court directly instead of approaching the said Committee and/or to seek just, fair ASGAR ALI 2026.04.29 17:26 I attest to the accuracy and integrity of this document CWP-22163-2022 4 and equitable compensation through the Civil Court, in case the victim/claimant is not satisfied with the financial assistance prescribed above. The compensation under the policies is to be considered as an interim financial assistance/ex-gratia grant to help the victim/claimant to overcome the immediate financial crisis and would not be a waiver of his right to proceed to the Civil Court for determination of compensation. The amount awarded by the Committee may be set off against the final award passed by the Civil Court. However, where the amount awarded by Civil Court is less than the amount assessed by the Committee, no refund shall be claimed. In the event of a claimant/victim approaching the Civil Court for seeking just, fair and equitable compensation, the same shall be decided expeditiously alongwith the applications that may be filed. While computing such compensation, the Civil Court may take the aid of the guidelines/ parameters provided under the Motor Vehicles Act, 1988. The period during which the proceedings have remained pending before this Court and/or the Committee shall be taken into consideration while computing limitation for institution of the proceedings before the Civil Court. Additionally, in the cases relating to dog bite, the financial assistance shall be at a minimum of Rs.10,000/- per teeth mark and where the flesh has been pulled off the skin, it shall be a minimum of Rs.20,000/- per "0.2 cm" of wound. The State shall be primarily responsible to pay compensation with a right to recover the same from the defaulting Agencies/ Instrumentalities of the State and/or the private person, if any. Petitions stand disposed of accordingly. All misc. applications including the applications for ASGAR ALI 2026.04.29 17:26 I attest to the accuracy and integrity of this document CWP-22163-2022 5 impleadment of LRs and/or proper/necessary parties, as the case may be, are also disposed of with liberty to the applicants to file the same afresh before the competent Authority/Committee, if so advised, and in accordance with law. A copy of this judgment be sent to the office of Principal Secretary, Home as well as Director General of Police, Punjab and Haryana and U.T. Chandigarh as well for necessary and prompt action/compliance.” 3. Probably, the petitioners might be satisfied with the same direction; hence, they are not pursuing the present petition. 4. Dismissed for non-prosecution. (HARSIMRAN SINGH SETHI) JUDGE (YASHVIR SINGH RATHOR) 27.04.2026 JUDGE Ali Whether speaking/reasoned : Yes Whether Reportable : No ASGAR ALI 2026.04.29 17:26 I attest to the accuracy and integrity of this document