fatal due to bull goring
sankar.n
(Querist) 03 March 2011
This query is : Resolved
Dear Experts,
During the Bull Race, a Bull had gored a boy resulting in severe bleeding on his nose, mouth and ear and subsequently succumbed to injuries after one month at Hospital. Whether, we can claim compensation for the family members of deceased person and who are all to be impleaded as respondents and which is the competent forum for filing the claim petition.
Devajyoti Barman
(Expert) 03 March 2011
I believe the principle of 'Volenti non fit injuria' would come into play to nullify the claim.
M V Gupta
(Expert) 04 March 2011
In such cases all the spectators to the race must be deemed to have accepted the risk of being attacked by the animals in the race and as such the doctrine of volunti non fit injuria will be a complete defence against any liablity of the defendants.But the fact that the injured being a minor may not lead to the legal presumption mentioned above. However the guardian's negligence in allowing the minor to watch the race from close proximity may be fatal to any claim for compensation.
