Compensation for Animals Injured in Road Accidents: What Indian Law Says

Karnataka

The said dog being on the road while the petitioner was driving has resulted in the accident. 4.2. ... —When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the ... —When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the ... The accident has taken place in a p....

2024 0 Supreme(Kar) 42

Unit including goats and other pet animals got hurt and two of the goats died in the said road accident on account of rash and negligent driving of the driver of the T.T. Unit. 4. ... In respect of a road traffic accident that has occurred on 11.01.2006, involving a tractor and two trailers bearing registration No. MXV-5429-MH-09/U-1499/1501 (for short ‘T.T. Unit’) near Stavanidhi cross on NH-4 Nippani at about 11.30 a.m. when the T.T. Unit moving from Munvalli to Chinchawad. ... Rules’) in prohibiting ....

2025 0 Supreme(P&H) 194

In the instant case, it is evident from the DDR that when the offending vehicle reached near Gurdev Dhaba, Tapa Mandi, stray animals came on the road and to save the said animals, driver of the offending vehicle applied brakes, whereby the car became out of control, fell into the ditches and struck against ... Judicial precedents have consistently held that a driver cannot take refuge in the excuse of stray animals or sudden obstructions to evade liability. Every driver is under a bounden duty to anticipate foreseeable h....

This defence, if valid, would lead to this result: that all persons must cease to use the high road for the passage of calves and such-like animals when the defendant's pack of hounds is likely to pass that way. That is a proposition which refutes itself. ... tamed, or suffered to be turned loose on the road. ... The law which governs the case of injuries caused by animals is the Roman-Dutch law, which differs from the English law. The law will be found stated in Voet, bk. ... Bawa, for respondent, The defendant....

Since the accident occurred there has been an amendment of the law. Section 94 (1) of the Road Ordinance, No. 10 of 1861, originally did not apply to buffaloes. By a subsequent amendment of the law introduced in the year 1918 the provision was extended to include all animals. ... Held, that the claim was bad as the defendant was not guilty of negligence, as there was neither a common law duty nor at the date of the accident (before December, 1918) a statutory duty not to allow a buffalo to stray on the public #HL....

2025 Supreme(Online)(Kar) 39362

The claim petition is filed seeking compensation of an amount of Rs.50,40,000/- for the death of the deceased in the road traffic accident. ... Learned counsel appearing for the claimant submits that in the accident the bullock cart is completely damaged and bullocks have been injured and they have spent an amount of Rs.75,000/- towards the repair of the bullock cart and an amount of Rs.40,000/- towards value of the bullock, as it is injured ... On 24.09.2019 at about 9.45 P.M. the deceased was carrying the sugarcane in....

High Court Malaya Ipoh

The accident area was a wild animal prone area and PLUS had knowledge of the previous accident but did nothing to alleviate the problem of animals straying onto the expressway. 2. ... HMD Rais Hussin A Mohamed Ariff; [2011] 10 CLJ 679, the Court of Appeal held that Parimala (supra) does not establish strict liability against the highway operator for every accident involving stray animals. ... Plaintiff after the accident. ... Therefore, the plaintiff's account of the accide....

2024 Supreme(Online)(DEL) 519

Driving skill requires certain degree of alertness, attentiveness and presence of mind in manoeuvring through difficult terrains and manoeuvring the vehicles when stray animals suddenly come on the road infront of speeding vehicles. ... It is our common experience that on a countryside or otherwise, be it a State or National Highway or in or around the Municipal limits, there roam around stray animals and the motorist face the uphill task of manoeuvring their motor vehicles safely on encountering the stray animals so as....

2023 0 Supreme(AP) 181

The road between the two rails at the unmanned level crossing was damaged, and there were only black metal stones at a low level of 6” of the road level. Except for the place between the two rails, the entire B.T. road was well managed. ... PW-3, who got landed property near an unmanned level crossing, also stated that the road between the two rails was totally damaged and the space between the two rails was lower in level than the road surface by 6 inches, and the #H....

2022 0 Supreme(AP) 447

The above facts and circumstances establish that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle, and he dashed the she-buffalo when it was grazing on the left side of the road margin. 19. ... refers to every species of property and further it is noted at pages 680 & 681 of the Concise Law Dictionary that the word is a generic term for all that a person has domain over and however, may be the bullocks are treated as the property of a man in the literal sense but for all practical purposes the animals....

2017 0 Supreme(P&H) 1097

Mere statement of the owner and driver that in the process of saving the stray animal the accident took place could not come to their rescue. The accident took place on Bhiwani-Jind Road, not on a narrow passage or in fields that despite due care and caution, the driver could not anticipate the presence of the stray animals. In a normal course also, if there are stray animals hovering around the road, a prudent person immediately slows down the speed of the vehicle so that any sudden movement of the animal can be handled properly. After all, the due care and caution can be ....

2017 0 Supreme(Del) 2522

Hence, it is evidence from the above that the Marine Survey Report confirms that the cause of accident was not due to overloading of vehicle or any rash/negligent driving but due to the fact that some animals suddenly tried to cross the road and the driver while trying to save the animals and other vehicle on road, lost his control. While passing Bhopal (M.P.) suddenly while saving few animals crossing the road, driver loss his control and truck got unbalanced/overturned……….” 21. The proposition of law is no longer res-integra that the person who alleges breach must prove t....

Consumer

An intimation about the accident was given to the police station at Buragy District Jabalpur as well as to the Insurance Company. The vehicle was severely damaged during the accident. Thakur at that time, who is stated to be the son-in-law of the complainant. It has been stated that the driver of the vehicle Ravi Singh Thakur had a driving licence valid upto 17.04.2018.

Consumer

We also perused the copy of the certificate of insurance which mentions: "Risk covered - The policy covers the accident due to Drowning, Lightening, Road Accident, Rail Accident, Fire, Electric Shock, Snake Bite, Attack by wild animals, Accident on duty, etc.

2015 0 Supreme(Raj) 1465

The Insurance Co. has utterly failed to prove that at the time of accident, the driver of the offending vehicle was not having the valid and effective driving license nor any specific evidence was adduced by them in this regard. In the instant case, the appellant himself admitted to let free his buffalo to graze the field and he failed to prove this fact that driver of the vehicle was rash and negligent in driving the vehicle. 9. Many a times it has been seen that the cows, buffalo, goats, and other animals are found wandering, grazing, sitting on the road, nearby the road, or cros....