Bombay High Court Fixes ₹6 Lakh Compensation For Pothole Deaths, Says High Time Civic Bodies & Road Contractors Are Held Accountable

In an important order, the Bombay High Court on Monday held that henceforth, if there is a death due to potholes or bad roads, the contractors, who constructed the same and also the civic authorities will be held responsible for the said death and they will have to pay compensation to the families of the victims. While fixing the accountability, the High Court ordered the authorities to pay Rs 6 lakh to the families of persons dying due to potholes or bad roads and Rs 50 thousand to Rs 2.50 lakhs for those sustaining injuries. A division bench of Justices Revati Mohite-Dere and Sandesh Patil noted that already the Supreme Court has held that the citizens are entitled to good conditioned and pothole-free roads and any breach of this service would result in violation of their right to life under Article 21 of the Constitution of India. The judges said they were informed about this year's incidents in Mumbai, Thane and Bhiwandi where deaths of citizens have taken place due to potholes and the same was followed by the 'usual blame game' of each authorities shifting their responsibilities. "Although several directions have been issued by this Court, and assurances have been given by the State that all agencies would be brought under the overall control of the Brihanmumbai Municipal Corporation (BMC), nothing tangible appears to have been done till date. Deaths and serious injuries caused due to potholes and open manholes have become a regular feature during the monsoon. It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such deaths and injuries. We find no seriousness on the part of the authorities in addressing this perennial problem. Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves," the bench said in the order. It is, therefore, high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes. Only then will it serve as a wake-up call for the agencies concerned, the bench opined. "The majority of persons sustaining injuries or losing their lives due to potholes are two-wheeler riders, largely belonging to the middle and low-income groups. They are often the sole breadwinners of their families, and their loss results in irreparable financial and emotional hardship to their dependents. In fact, to refuse to award compensation in a petition involving pothole-related deaths or injuries, and merely to remind the civic authorities of their duties, would amount to rendering mere lip service to the citizens' fundamental right to safe roads, a right which has been grossly violated. Compensation must necessarily be awarded for such deaths and injuries, so that the State and civic authorities are compelled to put their house in order by initiating appropriate action against delinquent officers and defaulting contractors/engineers, responsible for the pathetic road condition," the order reads. The compensation awarded in such cases is in the nature of exemplary damages imposed against the wrongdoer for breach of public duty. Needless to state, this is independent of, and in addition to, the remedies available to an aggrieved party under private law—such as a civil action in tort before a competent court, or prosecution of the offender under the penal laws, the judges pointed out. In the 77-page judgment, the judges noted that there has been some compliance with respect to earlier directions but potholes continue to remain a perennial problem even today as some roads in Mumbai, which have not been relaid for decades, still remain in good condition despite heavy rains, whereas newly constructed roads develop potholes within days of the onset of the monsoon. "This clearly indicates poor quality of materials and substandard workmanship in road construction. Though some municipal corporations have claimed to have taken action against contractors by imposing fines, such measures have not resolved the problem. There is little doubt that those who are obliged to maintain the roads under the Municipal Laws are not doing their jobs effectively as they sound. Unless those responsible for pothole-related deaths and injuries are made personally accountable, and are compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue," the judges held. The strongly worded order, authored by Justice Mohite-Dere, notes that despite crores of rupees being collected by way of toll and other revenues, the deplorable state of roads reflects gross civic apathy. "Accountability shall henceforth be fixed on officers and contractors to ensure that public revenue collected for infrastructure is effectively and faithfully utilised for its intended purpose. It is the duty of all Authorities to ensure that roads ...

Bombay High Court Fixes ₹6 Lakh Compensation For Pothole Deaths, Says High Time Civic Bodies & Road Contractors Are Held Accountable

Narsi Benwal

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