The National Human Rights Commission (NHRC) directed the Commissioner MCD, the DM, DCP, West Delhi, to provide the details of the account of the next of the kiith and kin of the deceased victim for disbursal of monetary compensation of five lakh rupees for the death of a child in a park due to dog bites.
Acting on a petition filed by noted human rights activist and Supreme Court advocate, Radhakanta Tripathy, the NHRC passed the order and sought compliance reports from the authorities within six weeks.
Tripathy brought to the notice of the Commission about death of a 3-year-old child in Moti Nagar, West Delhi, due to biting by 5 stray dogs in a park.
The complainant, Tripathy, requested the Commission's intervention to ensure payment of compensation to the victim's parent for the loss of life and to prevent recurrence of such incident in future.
Pursuant to the notice of the NHRC, replies were received from the Authorities. The NHRC considered the material placed on record and issued show-cause notice.
“The Commission had perused reports and is pained to note that an innocent little girl had lost her life due to brutal attack by five stray dogs. It was an admitted fact that the innocent child died due to dog bite, even though there was a dispute between District Administration, MCD and DDA on who was responsible for this unfortunate incident," he said.
Apart from the principle of strict liability on the part of owner/occupier of such activity, the principle of “parens patriae” is attracted, i.e., the State is in the nature of the parent or guardian of the helpless citizen, who becomes victim of a breach of safety norms which the State is expected to enforce and the State cannot escape its liability to protect them from such untoward accidents, he further added.
The NHRC passed the order of granting compensation to the victim's family members.
"Thus, the victims were to be compensated by the State and compensation paid to be recovered by the State from the wrongdoer or person liable to pay on absolute liability principle but against whom the helpless victim is not able to enforce its right."
"Having regard to the helpless nature of victims, it is difficult for them to recover the amount directly and the State failed in its duty to provide a safe play zone/park to the kids. The victims cannot be left without a remedy,” the NHRC observed in its order.
“Therefore, in view of above findings and observations, the Commission confirms its show cause notice and recommends the Chief Secretary, Govt. of Delhi of NCT, to release compensation of Rs 5,00,000/- (Rupees Five Lakhs) to the NOK of the deceased victim and submit compliance report of payment along with the proof of payment within 06 weeks. The Chief Secretary, Govt. of Delhi of NCT, will be at liberty to realize the amount from the MCD or DDA, as the case may be,” the NHRC added.
The NHRC also forwarded the copy of the order to the Chief Secretary and the Commissioner of Police, Delhi for information and necessary action.