STATE OF HIMACHAL PRADESH Vs. HALLI DEVI

JUDGEMENT

(1.) The respondent, hereinafter referred to as the plaintiff, a resident of village Rohla, Pargana Bathri, Tehsil Bhatiyat of District Chamba, on 27-3-1989 while going to her cattle-shed for the purpose of feeding her cows, was attacked by a black bear as a result of which she sustained the following injuries :-(i) Loss of complete eye sight (left eye);(ii) Compound fracture of left mandible;(iii) Fracture of nasal bone;(iv) Fracture of right frontal bone, frontal sinus, maxillary sinus with very severe facial disfigurement;(v) Facture both bones left forearm.

(2.) Consequent upon such injuries, her permanent disability was assessed at 100% by the medical authorities vide certificate Ex. PW3/A. Under the scheme formulated by the State Government vide notification dated 25-2-1988 (Copy Ex. DB) a relief of Rs. 5,000/- was granted to the plaintiff.

(3.) The plaintiff on 9-12-1991 filed a suit, as an indigent person, for the recovery of damages of Rs. 1,00,000/- on account of personal injuries sustained by her. It was averred that the Divisional Forest Officer, defendant No. 4, under the scheme for the preservation of wild life, had let loose bears and other protected wild animals in the jungles. Killing of such wild animals is prohibited by the State Government. As a result of attack by the black bear, she suffered grievous injuries and sustained 100% permanent disability. She has spent about Rs. 50,000/- on her medical treatment. Another sum of Rs. 50,000/- would further be required by her for future treatment. In claiming damages, she has averred that she suffered due to the acts of omission and commission of the defendants.