State's lack of ownership over wild animals does not by itself exclude liability, Kerala High Court holds

24 October 2026

The Kerala High Court has held that the State's lack of ownership or physical custody over wild animals does not by itself exclude the State from liability for harm caused by them.
Justice Mohammed Nias C.P. made the observation while dismissing a Regular Second Appeal filed by the State against the concurrent findings of the Munsiff's Court, Kalpetta, and the Sub Court, Sulthanbathery.
The plaintiff, an agriculturist of Thariode in Wayanad district, was attacked by three wild elephants in 2017 and suffered multiple fractures and permanent disability.
The Forest Range Officer had paid Rs 75,000 as emergency relief, and the plaintiff went to the civil court seeking Rs 8 lakh in damages.
The State argued that Rs 75,000 was the maximum payable under the Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980, read with a government order dated March 22, 2013.
The ruling is reported as 2026 LiveLaw (Ker) 594 in State of Kerala v Sebastian @ Sabu V.K.