Court awards enhanced compensation to deceased’s family, ruling State’s failure to install preventive fencing and trenches breached constitutional duty under Articles 21 and 48-A
In a landmark judgment delivered on August 21, 2026, the Kerala High Court, presided over by Justice Mohammed Nias C.P., affirmed the liability of the State Government and Forest Department for the death of a man killed by a wild elephant attack near human habitation. The Court upheld the concurrent findings of the lower courts in favor of the deceased’s family, emphasizing that the State is strictly liable for harm caused by wild animals under its custody and must take proactive measures to prevent such incidents.
The case arose from the tragic death of Scaria on April 27, 2001, when he was attacked by a wild elephant at night on Chamappara Panchayat Road, a residential area adjoining forest land. The deceased’s family contended that the Forest Department’s negligence in failing to install power fencing and trenches along the forest boundary, as mandated by law and Directive Principles, allowed the wild elephant to trespass onto the road and attack Scaria. Despite an earlier ex gratia compensation payment of Rs. 20,000 by the Forest Department, the family sought enhanced damages of Rs. 2,00,000, claiming full dependency on the deceased’s income and compensation for mental agony and loss.
The Forest Department contested the claim, arguing that the incident took place on a forest road, that the deceased was intoxicated and negligent, and that adequate precautionary steps were taken. The appellants further relied on the Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980, to contend that the Rs. 20,000 already paid was sufficient.
Upon thorough review, the High Court rejected the appellants’ contentions. Both the trial and district courts had found that the incident occurred on a Panchayat road with nearby houses, not inside the forest, and that the Forest Department had failed to erect fencing or trenches to prevent wild animals from entering human habitations. The High Court held that reserve forests and the wildlife therein are the property of the State, which owes a constitutional duty under Article 48-A of the Directive Principles of State Policy to protect wildlife and simultaneously safeguard citizens’ fundamental right to life under Article 21.
The Court emphasized the doctrine of strict liability, ruling that the State, as the deemed owner and custodian of wild animals, cannot evade responsibility for damage caused by them. Even absent negligence, the State is liable for failing to prevent wild animals from causing harm. The Court highlighted prior Kerala High Court decisions reinforcing the State’s obligation to install adequate fencing and prevent human-wildlife conflicts.
Regarding compensation, the Court found the trial court’s assessment of Rs. 1,98,000 reasonable and not excessive, based on the deceased’s earning capacity and dependency. It clarified that the Kerala Rules of 1980, prescribing minimal ex gratia relief, do not restrict courts from awarding just and adequate compensation under the Constitution and common law principles. These rules only set a floor, and courts must ensure compensation reflects the true value of the loss.
In dismissing the appeal, the Kerala High Court reaffirmed that the State must proactively balance wildlife protection with citizen safety and that failure to do so constitutes a breach of constitutional duty and strict liability. This judgment serves as an important precedent strengthening the rights of victims of wild animal attacks and reinforcing governmental accountability in wildlife management.
Bottom Line:
The State has a duty to ensure that wild animals do not trespass into human habitations or agricultural properties, and failure to take adequate precautionary measures can result in liability under the principle of strict liability.
Statutory provision(s):
Constitution of India - Article 21, Article 48-A; Wild Life (Protection) Act, 1972; Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980
Wildlife Warden, Kurichiyadu Range v. Thadathil Saramma, (Kerala) : Law Finder Doc Id # 2965319
