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The Bombay High Court has directed municipal corporations and state authorities to pay compensation for deaths and injuries caused by potholes and open manholes, highlighting citizens' right to safe roads. The court criticized authorities for repeated negligence and emphasized that compensation must be disbursed promptly, with strict accountability for officers and contractors responsible. Committees are to be formed to assess claims and monitor compliance. Compensation ranges from INR 50,000 to INR 6 lakh, with funds recoverable from contractors or, if unavailable, borne by the concerned authorities.
The Bombay High Court has directed municipal corporations and state authorities to provide compensation to victims of accidents caused by potholes and open manholes. The court underlined that citizens have a fundamental right to safe roads and criticized authorities for their repeated inaction despite earlier warnings and orders. Advertisement
The ruling stemmed from a 2013 suo motu Public Interest Litigation (PIL) and was prompted by several recent accidents, including fatalities in Powai, Bhiwandi, and Kalyan, as well as the death of a 13-year-old who fell into a manhole with a damaged cover. The bench of Justices Revati Mohite Dere and Sandesh Patil highlighted that unsafe roads remain a persistent problem, especially during the monsoon season.
The court stated that compensation must serve both as relief for victims and as a warning to civic authorities. It directed the formation of committees to determine compensation, consisting of the municipal commissioner or chief officer and the secretary of the District Legal Services Authority (DSLA). For accidents involving agencies such as MMRDA, MSRDC, PWD, BPT, or NHAI, the committee must include the senior-most officer of the respective agency alongside the DSLA secretary.
The committees are required to convene their first meeting within seven days of receiving information about an accident or death. Follow-up meetings must be held every 15 days or earlier if necessary. Officers in charge of police stations are required to notify the committee within 48 hours of any such incident.
Compensation is fixed at INR 6 lakh for deaths and between INR 50,000 and INR 2.5 lakh for injuries, depending on severity. The funds can be sourced from fines or amounts recovered from contractors responsible for poor road conditions. If these are not available, the municipal corporation, council, or state authority must cover the compensation.
The court also stressed that payments must be made within six to eight weeks of the claim. If authorities fail to comply, the heads of civic bodies will be held personally liable, and the compensation will accrue interest at 9% per year until paid. Additionally, the court directed strict disciplinary and penal action, including potential criminal proceedings, against officers or contractors found negligent. All reported potholes must be addressed within 48 hours.
Authorities are required to report on compliance in a review hearing scheduled for later this month. This includes details of complaints received, compensation disbursed, and actions taken against responsible contractors and officers.
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