Compensation Granted to Doctor Attacked by Neighbour’s Dog

Background of the Incident

The District Court of Chandigarh has awarded Rs 1.3 lakh in compensation to a local doctor who sustained serious injuries after being attacked by a neighbour’s pet dog in 2020. The doctor required plastic surgery and anti-rabies treatment following the incident, which occurred on the terrace of their residential building.

Court Findings and Rulings

In its ruling, the District Court determined that the dog owners acted negligently and violated municipal pet bylaws. Civil Judge (Junior Division) Dr. Ambika Sharma stated, “In view of my above discussion and findings on Issue No. 1, the suit of the plaintiff stands decreed partly, and the plaintiff is entitled to recover a sum of Rs. 30,000 from the defendants for medical and incidental expenses incurred due to the dog bite.”

The court assessed the rate of interest claimed by the plaintiff at 18% per annum as excessive and instead granted simple interest at 9% per annum from the date of filing until the date of the decree, and 6% from the decree date until realization. Additionally, the plaintiff was awarded Rs 1 lakh in damages for reputational, economic, mental, and social losses.

Details of the Attack

The incident dates back to January 18, 2020, when the doctor went to her housing society’s terrace to retrieve clothes. The door to the terrace was locked from the inside, and upon knocking, she discovered her neighbour was present with five unchained dogs. Although the neighbour chained three dogs after the doctor’s request, two remained free. As the doctor collected her clothes, one of the uncontrolled dogs approached her, leading her to ask the neighbour to keep it away due to her fear of dogs. During their conversation, one of the dogs attacked her, resulting in a severe injury to her forehead and scalp.

Medical Treatment and Legal Proceedings

Following the attack, the injured doctor was taken to a hospital where she underwent emergency plastic surgery and anti-rabies treatment, incurring expenses of Rs 30,000. Initially, the neighbours assured her they would cover her medical costs and compensate her for the trauma, but they later failed to fulfill their commitments. Consequently, she filed a civil suit seeking Rs 2 lakh in damages for physical pain, mental agony, and loss of reputation.

Defendants’ Response

The defendants denied any negligence, arguing that the injury resulted from a fall rather than a dog bite. They claimed only two dogs were present on the terrace, both of which were chained. The defendants alleged that the doctor provoked the dogs by teasing them, leading to her fall.

Additionally, the neighbours presented themselves as animal welfare activists, stating they adhered to regulations regarding pet ownership and had rescued numerous animals over the years.

Evidence and Court Examination

During the proceedings, a sanitary inspector from the Chandigarh Municipal Corporation testified that the neighbour kept four dogs, exceeding the permissible limit of two. The court also heard from a plastic surgeon, who confirmed that the doctor had suffered a degloving injury due to the dog bite.

Upon reviewing evidence, including witness testimonies, medical records, and municipal documents, the court identified inconsistencies in the defendants’ statements. It concluded that the defendants were negligent and had violated municipal bylaws regarding pet ownership.

Conclusion

The District Court found that the plaintiff successfully demonstrated her case, leading to the ruling in her favor. The court emphasized the responsibility of pet owners to ensure their animals do not pose a danger to others.

To view the complete court order, click on the link below:
District Court Order