A district court in Chandigarh has directed a city-based couple to pay over Rs 1.3 lakh in compensation to a doctor neighbour who suffered severe injuries requiring plastic surgery after being attacked by their pet dog on a residential building terrace five years ago. The court ruled that the dog owners were negligent and had violated municipal pet-keeping regulations.
The Terrifying Terrace Attack and Legal Battle
The incident dates back to January 18, 2020. According to the civil suit filed by Dr Bhumika Gupta on September 7, 2020, she had gone to the terrace of her housing society to collect dried laundry. She found the terrace door locked from outside and, after knocking, discovered her neighbour, Divya Setia, present with several pet dogs roaming freely. Assuming the dogs were secured, Dr Gupta entered.
Moments later, one of the dogs suddenly lunged at her. The attack caused her to fall, resulting in a severe dog bite on her forehead and scalp. The injury was medically described as a degloving injury, where a large section of skin was torn away from the underlying tissue, exposing the frontal bone.
Dr Gupta underwent emergency plastic surgery and anti-rabies treatment at a private hospital in Mohali. She informed the court that while the dog owners initially promised to cover her treatment costs, they later reneged on their commitment. She claimed to have spent approximately Rs 30,000 on medical bills and sought Rs 2 lakh as damages for physical pain, mental trauma, and professional loss.
Contrasting Claims and Court's Scrutiny
The defendants, Divya and Manpal Setia, presented a starkly different version. They denied negligence and claimed the injury resulted from a fall, not a dog bite. They stated that only two dogs were on the terrace that day, both properly chained. They alleged that Dr Gupta provoked the animals by teasing them with a stick, causing them to bark, which led to her foot getting caught in rooftop pipes and her subsequent fall.
The Setias portrayed themselves as dedicated animal welfare activists. Divya Setia claimed to have been involved in rescue work since 2001, saving over 20 cows, 22 snakes, and fostering numerous dogs, squirrels, rats, and cats. She provided detailed accounts of rescuing hundreds of birds and dogs over different periods.
However, during the proceedings, a sanitary inspector from the Chandigarh Municipal Corporation testified that Divya kept four dogs at home, exceeding the city's permissible limit of two. The civic body had subsequently issued a challan against her on October 8, 2020. A consultant plastic surgeon also testified, confirming the nature and severity of Dr Gupta's degloving injury.
Court's Verdict: Negligence and Bylaw Violations Proven
After examining witness testimonies, medical records, photographs, and municipal documents, Civil Judge (Junior Division) Dr Ambika Sharma delivered the judgment on November 29. The detailed order was made available recently.
The court found inconsistencies in the defendants' statements and emphasized that being an animal lover does not absolve one of responsibility. "...it is settled law that a master who is aware of the vicious propensities of the animal kept by him is bound to take care of the same that such vicious propensities do not pose a danger to human beings living around him...", the court observed.
The judge stated that the defendants were "not only negligent but also violator of bye-laws". The evidence established that the injury was indeed caused by a dog bite from an animal kept by the Setias.
In the operative part of the order, the court directed the defendants to pay Rs 30,000 to Dr Gupta for medical and incidental expenses. Additionally, it awarded Rs 1 lakh as compensation for reputational, economic, mental, and social losses suffered by the complainant. The total compensation awarded amounts to Rs 1.3 lakh.
This case underscores the legal responsibility of pet owners to ensure their animals do not endanger others and highlights the consequences of violating local municipal regulations regarding pet ownership.
