DHANI RAM Vs. KAMAL NAIN SINGH

JUDGEMENT

(1.) BOTH these appeals arise out of the judgments which are on the face of it untenable. Two buffaloes were killed on the road and the reasoning of the Tribunal to reject the claim was that the buffaloes must have gone hither and thither and therefore, the driver cannot be held responsible. Negligence is to be attributed only to human beings and not to animals. The animals will behave the way they are entitled to behave. It is the driver who will exercise caution and not to cause death of an animal. What distinguishes a man from the animal must give him the sensibility to give the benefit to the mute animals their irreverent conduct, if that is the human perception. Animals squat on the middle of the road, animals cross at any time they want. It is the human being that will know how to regulate his conduct that causes no danger to any animal.

(2.) COUNSEL appearing on behalf of the respondents cites before me a judgment of this Court in Reshma Versus Krishan Kumar etc., 2008 151 PunLR 618where the court held that animals by no stretch of imagination would come within the definition of "person" and animals cannot be equated with human beings. The claim will have to be, therefore, as claim for goods. So, it shall be; a death of an animal is a claim for compensation for loss of value of goods. Goods definition under the Motor Vehicle Act actually includes livestock. A claim shall, therefore, be has a claim for damage to the goods. I have seen through the terms of the policy and I find that third party party damage is covered upto 7.5 lakhs.

(3.) A veterinary doctor has been examined who has assessed the value of six years buffalo that had died on the spot at Rs. 70,000/ - and yet another buffalo that died after 20 days at Rs. 50,000/ -. I take the evidence of the doctor as appropriate to rely upon and I allow for compensation of Rs. 1,20,000/ - being aggregate value of both the buffaloes. There shall be award for the said sum with interest @7.5% from the date of the petition till the date of payment. The right of enforcement shall be against the insurer.