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SA/221/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 221 of 2007
=========================================================
THE
STATE OF GUJARAT THRO' CHIEF SECRETARY & 1 - Appellant(s)
Versus
PRABHABEN
BACHUBHAI - Defendant(s)
=========================================================
Appearance
:
MR
SUNIT S SHAH, GOVERNMENT PLEADER for
Appellant(s) : 1 - 2.
None for Defendant(s) : 1,
MR JAYESH A
KOTECHA for Defendant(s) : 1.2.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 07/03/2008
ORAL
ORDER
Heard
learned Government Pleader Mr. Shah.
The
present appeal is admitted for consideration of the following
substantial questions of law posed in the Second Appeal:-
whether
the appellant ? Government could be made liable either under the
provisions of law or the Statute or under the common liability law
under the General Law of Torts to pay the compensation?;
whether
the Government is liable to pay the compensation on the ground of
negligence over and above the payment as per the Government
Resolution providing for ex-gratia payment? and
whether
the liability could be fastened on the Government for such an
accidental death of human life by assault by wildlife/animal when,
on one hand, the liability is cast upon the Government to preserve
the wildlife under the various laws like Wildlife Protection Act,
and at the same time, competing claim of the citizen under Article
21 of Right to Life would oblige the Government to make the payment
of compensation as an absolute/strict liability if at all?
(
R.H. Shukla, J. )
hki
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