Corporation Held 70% Liable Under Res Ipsa Loquitur Doctrine; Compensation to be Recovered from Negligent Officials
In a significant judgment, the Gujarat High Court has dismissed an appeal by the Vadodara Municipal Corporation, affirming its liability in a tragic accident caused by a stray bull that led to the death of Makbul Gaffarbhai Ghaniwala. The court upheld the decision of the 7th Additional Senior Civil Judge, Vadodara, which had held the Corporation 70% responsible for contributory negligence under the principle of Res Ipsa Loquitur.
The case dates back to September 27, 2007, when Ghaniwala was fatally injured after a stray bull attacked him in the Karelibaug area of Vadodara. The High Court, presided over by Justice M.K. Thakker, ruled that the Municipal Corporation had failed in its statutory duty to maintain public roads free from hazards such as stray animals, as mandated by Section 63(19) of the Bombay Provincial Municipal Corporations Act, 1949.
The doctrine of Res Ipsa Loquitur, which implies that the mere occurrence of an accident may lead to an inference of negligence, was pivotal in the court's decision. The Corporation was directed to compensate the victim's family with Rs.4,84,473 along with 9% interest per annum from the date of the suit's institution until realization.
The court emphasized the Corporation's responsibility to ensure public safety by preventing stray cattle from wandering onto roads. It further directed that the compensation amount be recovered from the negligent officer responsible for the breach of statutory duty, highlighting accountability within the Corporation.
This judgment reinforces the legal obligation of municipal bodies to uphold public safety and could set a precedent for similar cases involving municipal negligence across the country.
Bottom Line:
Municipal Corporation's liability in tort for negligence in failing to prevent accidents caused by stray animals on public roads.
Statutory provision(s):- Bombay Provincial Municipal Corporations Act, 1949, Section 63(19)
