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 are constructed and maintained in such a manner that they do not require repairs for a minimum period of five to ten years. It is observed that there are roads within Mumbai, Pune, and certain other cities which have remained intact without any repairs for decades. The Authorities shall bear the aforesaid in mind while awarding contracts for construction and maintenance of roads to contractors," the bench made it clear. 

Notably, the instant order is part of the series of orders passed on a petition filed in 2013 by various benches of the High Court, directing the civic authorities to ensure that there roads in the State or pothole-free, no open manholes etc to avoid any deaths and injuries. 

The reality, the bench emphasised, is that the condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower.

Not Responsibility But Duty Of Authorities To Provide Better Roads:

The judges pointed out that after series of judgments and orders passed, it has become a settled position that civic authorities and other agencies of the State are under a constitutional and legal obligation to ensure the safety, welfare and convenience of the public, which includes the provision of proper means of transport. There can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country, contributes greatly to the revenue of the Centre, the State, and the civic body.

"In fact, the MCGM is one of the richest corporations in Asia. Bad roads not only endanger human lives but also have adverse consequences for the economy, including the financial health of companies. It is the responsibility of the civic authorities and State agencies to provide proper civic amenities, including safe roads, to the taxpaying public. It is not only a responsibility but a duty of the authorities concerned," the bench underlined. 

The judges added, "With the onset of monsoon, potholes and dilapidated roads once again come to the fore. It cannot be disputed that every person is entitled to live with dignity, as guaranteed under Article 21 of the Constitution of India. The right to life under Article 21 has been expansively interpreted to mean not mere existence but a life with dignity and meaning. Good and safe roads are an essential component of such a meaningful life. It is, therefore, imperative that all civic bodies and State agencies discharge their constitutional and legal obligations by ensuring proper roads throughout the year. Failure to do so, results in a clear infringement of the valuable fundamental rights of citizens, and exposes these authorities to serious legal consequences."

Further the judges observed that the right to have roads in a reasonable condition is a part of fundamental right guaranteed under Article 21 of the Constitution of India. The basic object of constructing roads is to allow the passage of vehicles.

"The basic object of making footpaths/ footways which are a part of street is to allow the citizens to walk and travel from one place to another. If obstructions are created on the streets or footpaths in such a manner that it prevents the citizens from beneficially enjoying their right of passage through the streets and/or footpaths, surely it will amount to infringement of the fundamental right under Article 21 of the Constitution of India to have streets in a reasonable condition. The fundamental right to have the streets in a reasonable condition will naturally encompass in it right to have the same free of any obstruction which prevents its beneficial or reasonable user," the bench underscored. 

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