RAM KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is filed for seeking a direction to the respondents to pay compensation to the petitioner to the tune of Rs. 10,00,000/- on account of untimely death of his son Ankit due to bite by a stray dog. Ankit was a minor, aged about 12 years, studying in 5th standard in S.D. Modern Public School, Grohmi Patti, Samana when he was bitten by the stray dog on 26.01.2014 outside his house. He was admitted in the Civil Hospital, Samana and was injected with anti rabies injections four times but on 05.03.2014, he became unconscious when he was administered 5th anti rabies injection and died at the spot.

(2.) Counsel for the petitioner has submitted that as per Section 109 of the Punjab Municipal Act, 1911 (hereinafter referred to as the "Act"), it is the duty of the Municipal Committee to dispose of mad and stray dogs and other animals. Section 109 of the Act is reproduced as under:-

(3.) Section 110 also provides that in case an owner or person in charge of any dog neglects to restrain it so that it shall not be at large in any street without a muzzle, then the said person shall be punished with a fine of twenty rupees. Section 110 of the Act is also reproduced as under:-