Lack of ownership of wild animals does not free the State of liability, Kerala High Court holds

23 October 2026

Justice Mohammed Nias C.P. of the Kerala High Court dismissed the State's appeal in The State of Kerala v. Sebastian @ Sabu V K (RSA 449/2026) and held that the State's lack of ownership or physical custody of wild animals does not by itself exclude its liability for the harm they cause. The Court traced the State's duty to Article 48A of the Constitution and the Wild Life (Protection) Act, 1972, and said the duty is one of reasonable care rather than a duty to fence all forest land. The plaintiff, an agriculturist from Thariode in Wayanad, was attacked by wild elephants in 2017 and left with permanent disability. The Munsiff's Court at Kalpetta awarded ₹5,37,030 with 8 per cent interest, and the Sub Court at Sulthanbathery dismissed the State's appeal. The High Court also held that the Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980 fix only ex gratia relief and cannot cap what a civil court may award.