This particular decision is held by the High Court Of Karnataka through the single bench of Justice Suraj Govindaraj in the case of YUSUB S/O MOHAMUSAB SANADI v THE STATE OF KARNATAKA
Mason- Yusub, who lost his 22 months old son to an attack by stray dogs back in 2018, and granting compensation to the tune of Rs. 10 lakh, payable by the Zilla Panchayat. It also awarded Rs. 20,000 litigation expense.Master Abbasali Yusub Sanadi, who was aged about
22 months, was attacked by 4 to 5 street dogs while he was playing behind his house after attending nature’s call and dragged him to a nearby agricultural field and mauled him, causing serious injuries to his face, head, thighs etc. Though he was immediately taken to K.L.E’S Dr.Prabhakar Kore Hospital, Belagavi, he could not be saved and he succumbed to the aforesaid injuries. The doctor had opined in the autopsy report that the death was caused due to shock and hemorrhage as a result of multiple injuries sustained.
When the fact of this attack and death was reportedin newspapers, though the respondents had offered to help, no compensation was paid to the petitioner
Orders and judgements
Zilla Panchayath, Taluk Panchayat or Village Panchayat as the case may be, must take serious note of complaints with regard to unruly stray dogs by setting up a complaint cell and act in accordance with law and also having regard to the observations made herein above, particularly having regard to Section 11 of 1960 Act read with Rules 9 and 10 of the ABC Rules 2001 in the matter of culling of stray dogs.Sterilisation and vaccination of stray dogs must be carried out on a regular basis and by holding additional camps for such purpose at the initiative of the Zilla Panchayath, Taluk Panchayat or Village Panchayat as the case may be.The owners of dogs ensure that their pet dogs are not a menace or cause nuisance in public places. It would be mandatory for the owners of the dogs to take out their dogs on public roads or public places along with a leash and not let their dogs loose on the streets, so as to avoid a confrontation with street dogs or other pet dogs. The citizens must also bear in mind that street dogs also have a right to live and therefore, must refrain from attacking these dogs by stone Throwing or by beating etc. They must ensure that children do not go near the stray dogs either to play with them or to feed them.The bench directed the authority to file a compliance report. It also directed the state government to make necessary arrangements and provide the requisite funds for the Zilla Panchayat to comply with the above directions.
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Judgement reviewed by- Mohammed Shoaib