A division bench of Justices Gautam Patel and Gauri Godse passed the order on a petition filed by Anjana Redij, a resident of Ratnagiri district, seeking direction to the state government to pay her compensation for her husband's death due to attack by wild boar
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The Bombay High Court on Monday directed the Maharashtra government to pay Rs 10 lakh compensation to a woman whose husband died after a wild boar rammed into his motorcycle, noting that the state is obligated to protect wildlife and its citizens from any injury caused by wild animals.
A division bench of Justices Gautam Patel and Gauri Godse passed the order on a petition filed by Anjana Redij, a resident of Ratnagiri district, seeking direction to the state government to pay her compensation for her husband's death due to attack by wild boar.
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The bench, in its order, noted that it was the duty of the concerned officer of the state government to protect wild animals and not allow them to wander outside the restricted safety zone.
"Similarly, as a corollary duty, it is also the obligation cast upon the concerned officers to protect citizens from any injuries by wild animals. Thus, it is a twin obligation of the state government. The first to protect the wildlife (wild animals) and the second to protect humans from any injuries caused by any wild animal," the court said.
It is thus an obligation of the state government to protect lives of citizens guaranteed under Article 21 of the Constitution, it said.
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The court directed the government to pay Rs 10 lakh compensation to the petitioner within three months along with a 6 per cent interest from 2019 till date.
The bench also directed that a sum of Rs 50,000 be paid to the woman by the state government towards litigation costs.
As per the plea, Arun Redij, who was a mechanic, died in February 2018 after a wild boar rammed into his motorcycle when he was travelling back from work at night.
The petitioner then made a representation to the regional forest officer seeking compensation under a government resolution dated July 11, 2011, which provides for grant of compensation in case of death of a person due to attack by a wild animal.
Her representation was rejected on the ground that the accident and the death of a person ought to have been informed to the nearest forest officer within 48 hours.
The court, however, refused to accept the ground on which the petitioner's claim was rejected and said this would not "absolve the state government from its liability to pay compensation".
The government's approach was "disheartening", it observed.
The bench noted that the police had conducted spot panchnama, in which it was recorded that the accident was caused because of a wild boar.
"It was the duty of the said police station to inform the nearest forest office regarding the accident. It was indeed a duty of the said police station to intimate the same to the concerned nearest forest office," the court said.
The bench also noted that the documents show that there was a direct nexus between the attack by wild boar and the accident that caused the victim's death.
"From the panchanama it is very clear that except for the attack by wild boar there is no other cause for the accident," it said.
"It is not disputed that the human life is lost in the attack by wild boar which caused the accident. Thus, the reasons given in the impugned communication (regional forest officer order) are illegal and unjustified," the court said.
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