State liable to compensate for injury or damage caused by wild animal attacks: Kerala High Court
The Kerala High Court has ruled that the state government is liable to compensate victims of wild animal attacks, rejecting the argument that existing ex gratia schemes are the sole remedy. The court upheld a compensation award for a family affected by a fatal elephant attack.
Why it matters
This legal precedent establishes that the state holds responsibility for wildlife-related damages, potentially increasing government liability and changing how victims are compensated.
The State government is deemed the owner and custodian of wild animals and must compensate victims of wild animal attacks in accordance with the magnitude of the loss suffered, the Kerala High court has held.
Justice C.P. Mohammed Nias dismissed the appeal filed by the Wildlife Warden, Kurichiyadu Range, Sulthan Bathery, and other Forest authorities challenging the award of ₹2 lakh as compensation to the family of a person who had died after an elephant attack. The court upheld the findings by the Sub Court, Sulthan Bathery, and the District Court, Wayanad, granting ₹1,78,000 to the victim’s family and holding the Forest authorities responsible for the death of the victim.
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