HC directs ₹6 lakh compensation for deaths due to potholes, unsafe roads

The Bombay High Court called for strict disciplinary action against officials, engineers or contractors responsible for defective road work; any pothole reported must be repaired within 48 hours

The Bombay High Court on Monday directed municipal authorities and the state to pay ₹6 lakh in compensation to the families of individuals who lose their lives after falling into potholes or open manholes in Maharashtra, Bar and Bench reported. The Bench of Justices Revati Mohite Dere and Sandesh D Patil also ordered compensation ranging from ₹50,000 to ₹2.5 lakh for those who sustain injuries in similar accidents.

 

The ruling stems from a suo motu case initiated in 2013, following a letter from (now retired) Justice GS Patel to the Chief Justice.

 

'No excuse for poor roads in Mumbai'

 

The court said, "There can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country, contributes greatly to the revenue of the Centre, the state and the civic body. In fact, the MCGM is one of the richest corporations in Asia."

 

 

"Bad roads not only endanger human lives but also have adverse consequences for the economy, including the financial health of companies," the court added.

 

The Bench further said that safe roads are a fundamental part of the right to life under Article 21 of the Constitution.   

 

Recurrent accidents during monsoons

 

The court said that deaths and serious injuries due to potholes and open manholes have become a regular problem, especially during the monsoon season. "It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such deaths and injuries.... Accountability must be fixed not only on the contractors but also on the civic authorities themselves," the Bench observed.

 

The court warned that unless those responsible for pothole-related accidents are made personally liable, they will not appreciate the seriousness of the issue. It therefore ordered authorities to start disbursing compensation to the victims.

 

Compensation to eligible victims must be paid within six to eight weeks of receiving the claim. The court stipulated that interest would be applied if payments are delayed. "Failure to do so (pay compensation in a timely manner) shall render the municipal commissioner, chief officer, district collector, CEO, chairperson, or principal secretary, as the case may be, personally responsible for the delay," the order stated.

 

Once paid, the authorities can recover the compensation amount from the individuals found responsible, whether officers, engineers, or contractors.   

 

Committees to monitor accidents

 

The high court directed the formation of committees to investigate pothole or manhole accidents and determine the compensation payable. Committee members will vary depending on the municipal area. These committees are to convene within seven days of receiving reports of accidents and meet at least every 15 days, or sooner if required, to monitor compliance with the Court's directions, especially during the monsoon season, Bar and Bench reported.

 

The committees can act suo motu, on applications for compensation or based on media reports. Complaints forwarded by municipal, district, or highway authorities, or the District Legal Services Authority (DLSA), must be sent to these committees. Police officers are also instructed to inform the committees of any such accidents within 48 hours.

 

The court also called for strict disciplinary and penal action against officials, engineers, or contractors responsible for defective or substandard road work. Any pothole reported to authorities must be repaired within 48 hours. "Failure to do so shall constitute gross negligence and shall warrant departmental action against the responsible officers and contractors," the Bench said, as quoted by news report.