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Sycorax Juris   02 February 2018

In this case is there any cause of action against the state?

In a village near my home twon, a village woman went to colect fire wood, and she was killed by a Tiger in the jungle.Can we file suit/writ against the State for compensation?



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 8 Replies

Sycorax Juris   02 February 2018

Ramesh, the land falls within the village forest, where all the village has right to collect firewood for domestic purpose.Previously there was no Tiger in the area, and one cannot say from where the tiger comes.

N.K.Assumi (Advocate)     02 February 2018

Sad to hear that, but it happens.It might be village land, but certinly the village does not own the Tiger or it escape from the owner.. Tiger or  Elephant etc are born free, and as per civil law there must be escape from the owner possession, but here no one can be fastened with ownership or escape from the owner , if so, no liability can be fatened on the village, forest or State Government. You may approach the State Govt for exgratia payment, but that also doubtful, and if no action is taken, you can approach your district or state Human right commission if there is one, and if it dont exist you may approach the NHRC,as it is also environmental issues like tiger's right to exist or human being's right to exist an environmental issue, popularly known as third generation rights. Writ or Suit is not the answer.

Sycorax Juris   02 February 2018

Thanks Assumi, I got it now. Village forest means forest own by the villagers as a whole for the benfit of all the villagers.

Sycorax Juris   02 February 2018

Maybe you dont but I do, so you can go on with your pop up like responds on the screen, if it please you.

N.K.Assumi (Advocate)     02 February 2018

Title of the land is not the relevant issue  in such a case, what is relevant is who own the tiger, elephant or crocodie etc; and how it escapes from the owner and caused injury to the other party, that is the relevant factor for determining the actionable claims for damages in civil law. Just like act of God or Vis major etc, in such a case ownership and negligence in escaping the thing from the owner and resulting in injury is relevant. If the tiger escape from the zoo and caused death to the woman the zoo owner will be liable, but that is not the case with the query.

Sycorax Juris   02 February 2018

We are dealing with a wild Tiger in the Jungle, not firing a Tank in the Crowd. What is there to compare aTiger with a man  firing a loaded canon into a crowd? There are high court judgments, which I came to know now, similar to my case like a bear killing a woman in the jungle. No liability against the State. Just post the relvant paras if you think so? Murder in IPC deals with a man unlawfuly killing another man, and not a wild tiger killing a man or a woman.

Sycorax Juris   02 February 2018

Meaning of Homicide " Killing of human being by another human being' , not tiger or elephant killing man or woman. Don't streatch the words of Supreme Court Judgmnts.

Sycorax Juris   02 February 2018

Don't try to hijack valuable responds of the members with their long arudous research work, by your diabolical posting mileading the readers. That is the only reasons I am responding, not you.


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