High Court Orders Rs 6 Lakh Compensation For Pothole Deaths
Like many other Indian cities, Mumbai too has been in the news recently for its poor road conditions and the accidents that they cause. The Hon. Bombay High Court (HC), in its latest ruling, criticised the city’s poor road conditions and said that there can be ‘no justification for bad roads’. The HC also ordered that civic authorities will have to pay a compensation of Rs 6 lakh to the families of people who lose their lives due to potholes, bad roads, open manholes, and other civic lapses. Contractors and civic bodies will be held responsible for these deaths. People who are injured in incidents involving potholes and poor road conditions will be issued compensation in the range of ₹50,000 to ₹2.5 lakh.
A division bench consisting of Justices Revati Mohite Dere and Sandesh Patil was hearing a small bunch of public interest petitions when it made the new ruling. Citizens have lately been very unhappy with the present condition of the road infrastructure in Mumbai. The monsoons this year made the road accident count shoot up. The ongoing infrastructure work made things worse for road users.
Enraged by these, citizens petitioned the court. The latest ruling has been passed on a suo motu case filed in 2013, based on a letter sent by the now-retired Justice GS Patel , to the Chief Justice. The bench also observed that every citizen has the fundamental right to well-built, safe, and motorable roads and noted that it is the duty of the government and municipal bodies to ensure the same. Failing to do so, it said, is a violation of the right to life under Article 21 of the Indian Constitution.
In the recent past, several incidents surfaced from Mumbai, Thane, and Bhiwandi, in which people died in accidents caused by dilapidated and large potholes. Injuries and accidents caused by open manholes have also become common, especially during the rainy season.
In most such cases, the incident would be followed by a ‘blame game’ between various authorities. The HC’s ruling intends to curb this. It said that the civic authorities and contractors entrusted with road maintenance should be held accountable for these losses.
The court also commented on the quality of road work that’s being implemented in many parts of the city. Crores of rupees are being spent every year on road maintenance. However, the results, it said, are not visible on the ground. The bench noted that proper execution and monitoring must be ensured in these cases. In the time ahead, the quality of road construction will be strictly measured. Engineers or contractors found carrying out sub-standard road work or building defective roads will face strict disciplinary and penal action.
The court thinks that the Rs 6 lakh penalty will be critical in ensuring the effectiveness of the system and in the long run, improving the quality of roads here. The bench said that the compensation amount should be disbursed promptly and later recovered from officials or contractors who are responsible for the incident. "Only then will it serve as a wake-up call for the agencies concerned," the Court reasoned.
These amounts will have to be paid to the qualifying persons within six to eight weeks from the date of receipt of the claim. If the disbursal is delayed, the interest too will have to be paid. “Citizens cannot be expected to pay with their lives for administrative failures,” the court opined.
Mumbai is India’s financial capital. The Municipal Corporation of Greater Mumbai (MCGM) is in fact, one of the richest corporations in Asia. In the long run, bad infrastructure can have an adverse impact on a city’s economy and business landscape as well. Having the right infrastructure and proper civic amenities is critical for people and businesses to thrive in a city. Thus, in Mumbai, the authorities will have to act fast and repair bad roads and broken patches.