Tiger Attack Case: Family Of Poor Victim Cannot Be Deprived Of Compensation Merely For Transgression Of Law- Calcutta HC
|The Calcutta High Court in a tiger attack case has held that the family of poor victim cannot be deprived of compensation merely for transgression of law. The Court was dealing with a petition filed by the widow of deceased man who was infested by tiger and other wild animals.
A Single Bench of Justice Sabyasachi Bhattacharyya observed, “Even if, for argument’s sake, the petitioner’s husband is construed to have transgressed the law for earning his livelihood and stepped into the core area (which, however, is not established by any document whatsoever), it cannot be the law that the family of the poor victim in such cases will be deprived of compensation merely for transgression of law as perceived by the Forest authorities.”
The Bench said that in any event, since a post mortem report has been filed by the petitioner regarding the cause of death of her husband being a wild animal attack in the Sundarban area, the respondent authorities are duty bound to pay compensation for such demise to the petitioner, who is the wife of the said deceased.
Advocate Kaushik Gupta appeared for the petitioner while Advocate Pantu Deb Roy appeared for the State.
Brief Facts -
It was contended by the petitioner that upon the demise of her husband by a tiger attack, the post mortem report also indicated that the death was due to effects of injury caused by a big animal like tiger etc. It was submitted that as per the order of the Government of West Bengal, Department of Forests, the compensation payable to the family of a deceased in such cases was Rs. 5,00,000/-, subject to certification regarding cause of death from appropriate authority.
However, when the petitioner applied for such compensation, the authorities refused the same vide communication dated November 9, 2022 on the ground that upon an inquiry it was found that no such tiger attack was recorded in the Range Offices of Sundarban Tiger Reserve till date.
The High Court in view of the above facts noted, “The prayer of the respondent authorities for seeking a further report is neither here nor there, since a further report by the same authorities would not improve the situation. Even if the other report which will be filed now says that there was a recording of death by tiger attack during the relevant period, it would it could not be ascertained as to which version is correct. … Even without going into such issue, the only rider in the order dated February 26, 2021 regarding grant of compensation is that the compensation has to be subject to certification regarding cause of death from appropriate authority.”
The Court further noted that the petitioner’s husband was admitted before his demise to Jaynagar Rural Hospital and a postmortem report was issued by the Superintendent of the Alipore Police Case Hospital. It said that both such authorities are government institutions and, as such, there is no occasion for the respondents to deny the veracity of the documents.
“Accordingly, WPA No. 18598 of 2023 is allowed, thereby directing the respondent no. 2, that is, the Principal Chief Conservator of Forest (Head of Forest Force), Government of West Bengal, to disburse the compensation of Rs.5,00,000/- to the petitioner within October 13, 2023 for the sad demise of her husband by tiger attack in the Sundarban area”, ordered the Court.
The Court clarified that such compensation shall be received by the petitioner on behalf of herself and her family/children, being all the heirs and legal representatives of the deceased.
Accordingly, the High Court allowed the petition and granted compensation to the petitioner.
Cause Title- Shantibala Naskar v. State of West Bengal and Others