T.Chakrabarty. 18 May 2016

Legal rmedy for dog bite

Hello everyone,

today my daughter has been sevrely bitten by the dog of her student when she went to teach her.

The wounds have been on the cheek,chin and lips and will require prolonged treatment including plastic surgery after she recovers from the wounds.She has been treated at two govt hospitals.

Please let me know the legal remedy available to me as per Indian Laws.Can the owner be made liable to pay for the expenses to be incurred which can be quite high for me to bear..

Regards

T.Chakrabarty.

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5 Replies

P. Venu (Advocate) 19 May 2016

The owner of the dog is liable and he nees to meet the expenses and adequate compensation. If necessary, you can approach the Court through an action in tort.

T.Chakrabarty. 19 May 2016

Thank You Mr Venu,

Is the action in Tort a civil proceeding? Is there any criminal liabilty of the owner?

I presume an FIR will have to be lodged.Is it neccessary to prove that the owner was responsible for the dog bite?

Regards,

T.Chakrabarty.

JustAdvisor (IT) 19 May 2016

technically you have section 289 of ipc in your favour. but criminal law requires strong evidence of negligence. i feel it may be difficult to succeed. ...as such maximum punishment under this section is 6 months. you may be entitled for civil remedies though. ..

T. Kalaiselvan, Advocate (Advocate) 21 May 2016

The owner of the dog may be booked under criminal law by a complaint with the police.

The owner of the dog may be dragged to civil court seeking compensations for damages suffered including meeting the medical expenses and for compensation towards mental agony.

T.Chakrabarty. 21 May 2016

It appears that,given the police and legal setup of our Country lots depend on the willingness of the police to act in the matter and proving negligence may be a difficult process.

Thank you everyone for the advice.