Interesting Case : SC: If stray dog bites a citizen, the citizen can claim compensation. (Anupam Tripathi versus Union of India IA.No.4 in W.P.(c) No.599of 2015 Dated 5th April 2016)
Though SC said in pending Writ Case, SC will not entertain such future applications directly in SC, it only means that SC will not entertain such application directly. One has to first approach trial court.
Because facts are to be decided in trial court.
This does not prevent a person from proving in trial court that
1) Authority had legal duty to catch stray dogs
2) it failed in its duty to take care and to catch stray dogs
3) And therefore liability in tort law for damages arises.
If trial court finds tort liability proved, it can award damages.
Haresh Raichura
10/8/2016
