State Cannot Escape Liability For Unsafe Road Repair Work: Himachal Pradesh High Court Upholds Compensation For Youth Killed In Accident
The High Court of Himachal Pradesh has upheld compensation awarded to the mother of a 25-year-old man who died in a motorcycle accident caused by unsafe road repair work on National Highway-20, holding the State authorities and contractor negligent for failing to install warning signboards and adequate safety measures at the site.
The Court observed that it was the duty of the authorities to properly barricade and illuminate the damaged portion of the road and caution road users regarding the ongoing repair work.
The Court further noted that the state authorities failed to produce the measurement book, which would have recorded expenditure and details regarding safety arrangements such as signboards and guide stones. The Court also relied on photographs showing stones placed in the middle of the road without whitewashing or adequate warning measures.
Justice Sushil Kukreja remarked that: “Since it was duty of the defendants to put sign board as well as to take safety measures to caution the road users regarding damaged condition of the road as such, the learned Trial Court has rightly held that son of the plaintiff died as a result of the accident on account of the negligence of the defendants and also held the plaintiff entitled for damages to the tune of Rs.3,33,000/-”
The Court further stated that: “The road admittedly belongs to and was maintained by PWD and, therefore, it was their primary responsibility to ensure that the road was properly barricaded, the area was illuminated and warning signs were displayed regarding the damaged condition of the road.”
Background:
The case arose from an accident that occurred on 24 May 2009 near village Ahaju on NH-20. Ajay Parshad, son of the plaintiff, was returning from Baijnath to Jogindernagar on his motorcycle when he struck stones placed on the damaged portion of the road and died on the spot.
The plaintiff alleged that nearly half the road had been dug for repair work, but no warning signboards or proper safety indicators had been installed.
According to the plaintiff, the deceased was 25 years old, a graduate with a diploma in Ayurvedic Pharmacy, and employed as a Manager earning Rs. 9,500 per month. She sought damages of Rs.10 lakh, contending that the accident occurred solely due to the negligence of the authorities and contractor.
The State authorities denied negligence and claimed that guide stones and warning signboards had been installed at the site. They further argued that the accident occurred because of the deceased's rash and negligent driving.
Case Name: The District Collector, Mandi V/s Ved Vatti another
Case No.: RFA No.4106 of 2013
Date of Decision: 27.04.2026