Shocked By Decision Of Assistant Conservator Of Forest: Bombay HC Grants ₹1 Lakh Compensation To Woman Who Suffered Tiger Attack
|The Bombay High Court, Nagpur Bench has granted compensation of Rs. 1 lakh to a woman who suffered injuries in a Tiger attack in the year 2017. The Court said that it is shocked by the decision of the Assistant Conservator of the Forest for calculating the amount of Rs. 10,000/- as compensation.
A Division Bench comprising Justice Rohit B. Deo and Justice Vrushali V. Joshi observed, “We are shocked with the decision taken by the Assistant Conservator of Forrest considering the injuries sustained in Tiger attack as simple injuries and calculating the amount of Rs.10,000/- towards compensation when the Government has honoured her by giving Bravery Certificate. It appears from the record that it is not disputed that the petitioner was attacked by the grown up Tiger and she was admitted in Hospital for 4 days. The compensation was calculated by the Assistant Conservation of Forest Department up to Rs.10,000/-, as she has received simple injury.”
The Court directed that the respondents shall grant a compensation of Rs. 1 lakh to the petitioner within a period of four weeks.
Advocate S.M. Bahirwar appeared for the petitioner while Assistant Government Pleader M.K. Pathan appeared for the respondents.
In this case, the petitioner was a resident of a village being covered by a forest area and she was a labourer who used to work in a farm for her livelihood. One day while going to collect Tur seeds in the field, she was attacked by a fully grown tiger, and in the said attack, she got seriously injured due to which her right hand was affected and she could not take further medical treatment because of poverty.
The Village Development Officer had issued a Below Poverty Line Certificate to the petitioner and she made an application to the Round Officer, Forest Department requesting compensation as a result of which Rs.6000/- compensation was received. However, no further amount of compensation as per the Government Resolution was received by her, and then upon further request, no response from the officials of the Forest Department was received.
The High Court in view of the above facts noted, “The trauma which the petitioner has received after attack of the fully grown up Tiger is not considered and the respondent has very casually calculated the amount of compensation of Rs.10,000/- considering it as simple injury. She has survived after attack of the Tiger is more important thing. Considering the trauma received by her without considering the nature of injury whether simple or grievous, the respondents should have to consider the attack by the wild animal that too the Tiger, she is entitled to receive Rs.1,00,000/- as per the Government Resolution.”
Accordingly, the Court partly allowed the petition and directed the respondents to pay the compensation.
Cause Title- Kavita v. The Government of Maharashtra & Ors.