In landmark ruling, Bombay HC fills potholes on Maharashtras roads with compensation for victims
Bombay HC stated that the compensatory amount has to be recovered personally from negligent civic officers, engineers, or contractors. The ruling aims to force the municipalaties to solve the pothole problems on roads and other civic infrastructure.
New Delhi: Accidents due to potholes are regular occurrences in India. Now, the Bombay High Court Monday, in a very important order, has said that it is mandatory to compensate victims of pothole-related accidents.
Moreover, the HC stated that the compensatory amount has to be recovered personally from negligent civic officers, engineers, or contractors. The ruling aims to force the municipalities to solve the pothole problems on roads and other civic infrastructure.
What did the High Court say in its ruling?
The Bombay High Court, while giving the order, said, "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."
It also said that not providing safe roads is a violation of the fundamental rights of citizens under Article 21 of the Indian Constitution. Also, it noted that people face the problem of potholes every monsoon on Mumbai roads.
Not the first time an HC has said about bad roads
Months ago, the Kerala High Court warned the state government agencies over unsafe roads and slammed the civic bodies for not maintaining roads as the number of accidents involving heavy vehicles continues to rise. It also said that the right to travel safely is a fundamental right and ordered regular audits of roads with holding responsible people liable for negligence.
The amount of compensation
The Bombay HC has ordered that Rs 6,00,000 has to be given to the legal heirs of people killed due to potholes or open manholes in road accidents. Those who are injured will get Rs 50,000 to Rs 2,50,000, depending on the severity of their injuries.
The HC said, "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.”
Also, it has been ordered that district-level committees will be formed to implement the HC's directives. Under the court’s directions, the committees can act suo motu or act based on applications submitted by victims or their families. Moreover, it ordered civic bodies to repair all potholes or open manholes reported to them "within 48 hours,” and any failure will lead to disciplinary action.