Bhupinder Kaur And Another vs Chandigarh Municipal Corporation

Sr. No.,Component,Remarks,

1,"Cranium & spinal cord (brain must be exposed in every case, spinal

cord need not to be examined except in case of injury to vertebral

column/spinal cord)",,

,Scalp,"Subaponeurotic hemorrhage present over the whole

of

the scalp",

,Skull,"Depressed fracture of right parietal bone is present

underneath the injury described",

,"Meninges and

Vessels",As described,

,Brain,"The right parietal region is lacerated and contused at

the corresponding site of injury. There is presence of

subdural hemorrhage involving the whole of right

parietal and temporal lobes. The base of brain

contains about 90 cc of fluid and clotted blood

present.",

Year,"No. of

Plants","Size of Plot/ Area

(in Hectares)",Location

2011-12,8000,20,"Village Kaimbwala in Lake Beat

(50 acre land)

,,,Behind Dariya Forest Guest House

,400,1,

2014-15,400,1,Barotiwala Beat

,"400

400",2,Natehwala and Sector 26

2015-16,800,2,"Barotiwala Beat and Patiala ki

Rao

Beat

,"400

400",2,

,,,Nepli near Marhi and Sector 26

Year,"No. of

Plants","Size of Plot/ Area

(in Hectares)",Location

2016-17,800,2,"Barotiwala Beat and Patiala ki

Rao

Beat

,"400

400",2,

,,,Nepli & Hallomajra

2017-18,1200,3,Lake Beat and Kansal Bear

,"400

400

400",3,"Nepli, Nathewala and Manimajra

2014-2015 182,,,

2015-2016 220,,,

2016-2017 126,,,

2017-2018 37â€​,,,

(till 25th Sept., 2017)",,,

Respondent No.2 filed another affidavit to apprise the Court of the efforts being taken to control the monkeys menace in Chandigarh and made the,,,

following averments:-,,,

“(a) Patrolling in the affected areas will be further intensified by Department of Forests and Wildlife. The Wildlife Squad which will be further,,,

strengthened by deploying more staff and additional resources.,,,

(b) The citizens helpline will be made more effective. Citizens will be provided useful information dealing with monkey menace through advertisements,,,

in print and media. Printed literature about awareness on handling monkey menace will also be prepared and distributed in the general public.,,,

(c) Forests and Wildlife Department shall plant more fruit bearing species in the available patches in the forest areas so that food is available in the,,,

forest for the monkeys.,,,

(d) Forests and Wildlife Department will also issue appropriate directions to Municipal Corporation, Chandigarh to get all the garbage bins covered so",,,

that the monkeys do not get to pick up discarded food from these bins.,,,

(e) Forests and Wildlife Department will request Municipal Corporation, Chandigarh to amend its Bye-Laws wherein feeding monkeys shall be an",,,

offence and shall be fined as being done by Shimla Municipal Corporation.,,,

(f) Forests and Wildlife Department will also seek expert opinion from Wildlife Institute of India, Dehradun on handling and avoidance of monkey",,,

menace based on their experience in similar circumstances elsewhere in the country.â€​,,,

From the aforesaid narration of facts, it is apparent that the respondents have themselves admitted about the monkey menace in the city of",,,

Chandigarh for which respondent no.2 has been continuously making earnest efforts to sensitize the residents of the city about their own behaviour,,,

with the monkeys and have published the hotline numbers of the Forest Officials in case they need any help to deal with the monkey menace.,,,

That apart, the question is about the grant of compensation to the petitioners on account of death of their son, allegedly by the monkey attack. The",,,

evidence brought on record are sufficient to hold that the son of the petitioner died because of the injury caused by the monkey.,,,

Thus, now the question would be as to what compensation should be awarded to the petitioners and who should pay it?",,,

Already the petitioners have been awarded Rs.4 lacs as an interim compensation. Since the deceased was 18 years of age and was employed with a,,,

private employer but since no evidence has been brought on record about his monthly income, therefore, being an able bodied person of 18 years of",,,

age, the monthly income of the deceased is being assessed @ Rs.10,000/- per month and after deducting 1/3rd thereof for personal necessity of the",,,

deceased, it comes to Rs.6,666/- per month and Rs.6,666x12=Rs.79,992/- per year. Now comes the multiplier to be applied for the purpose of",,,

computation of compensation keeping in view the age of the deceased. As in this case the deceased was 18 years of age, therefore, multiplier of 17",,,

has to be applied and after applying the multiplier of 17, the total compensation to be awarded to the petitioners comes to Rs.13,59,864/-, out of which",,,

Rs.4 lacs have already been paid by the respondents.,,,

Thus, the remaining amount of Rs.9,59,864/- shall have to be paid to the petitioners as compensation, which is ordered to be paid to them by the",,,

Chandigarh Municipal Corporation along with simple interest @ 9% per annum to be calculated from the date of death of the deceased, i.e.",,,

31.03.2015, within a period of three months from the date of receipt of certified copy of this order. Since the Chandigarh Municipal Corporation has",,,

disputed its liability to pay the compensation and has tried to shift the same upon respondent no.2, therefore, it may settle this dispute lateron with",,,

respondent no.2 in this regard, in accordance with law.",,,