Bombay High Court Orders Rs 6 Lakh Compensation for Pothole Deaths: "No Excuse for Bad Roads in Mumbai"

The Bombay High Court declared on Monday that there is absolutely no justification for substandard roads in Mumbai, India's financial capital, emphasizing that civic bodies and government authorities are not only obligated but duty-bound to provide quality roadways to citizens.

The court mandated compensation of Rs 6 lakh in cases where deaths occur due to potholes or open manholes, taking a firm stance on road safety issues.

Justices Revati Mohite Dere and Sandesh Patil, presiding over multiple petitions, highlighted that fatalities and accidents caused by potholes, exposed manholes, and deteriorated roads have become routine occurrences, necessitating accountability from responsible officials.

"It is imperative that compensation be awarded to victims or their families who have suffered deaths or injuries because of potholes. Only this will serve as an effective wake-up call for the concerned agencies," the High Court stated.

The court further emphasized that unless individuals responsible for pothole-related casualties and injuries are held personally accountable and required to pay monetary damages from their own resources, they will fail to comprehend the seriousness of the situation.

For injury cases, the court ordered compensation ranging between Rs 50,000 and Rs 2,50,000, depending on severity. A committee comprising the civic body chief and the district legal services authority secretary will determine the precise compensation amounts.

This judgment addressed numerous petitions highlighting the alarming increase in deaths and accidents caused by potholes and open manholes throughout Maharashtra.

The court emphasized that municipal authorities and state agencies have constitutional and legal obligations to ensure citizens' safety, welfare, and convenience, which includes providing proper transportation infrastructure.

"There can be absolutely no justification for unsafe and poor-quality roads. Mumbai, as the country's financial capital, contributes significantly to the revenue of the Centre, state, and civic body," the High Court emphasized.

The court noted that the Municipal Corporation of Greater Mumbai ranks among Asia's wealthiest civic bodies, adding that deteriorated roads not only endanger human lives but also adversely impact the economy and companies' financial health.

"Providing proper civic amenities, including safe roads, to taxpaying citizens is not merely a responsibility but a fundamental duty of the concerned authorities," the court asserted.

The bench highlighted that every individual is entitled to live with dignity as guaranteed by Article 21 of the Constitution.

"Article 21's right to life has been broadly interpreted to signify not mere existence but life with dignity and meaning. Safe and well-maintained roads are essential components of such a meaningful existence," the High Court underscored.

Consequently, the right to reasonably maintained roads constitutes a fundamental right under Article 21. It is therefore essential that all civic bodies and state agencies fulfill their constitutional and legal obligations by ensuring properly maintained roads throughout the year, the bench added.

"Failure in this regard clearly infringes upon citizens' valuable fundamental rights and exposes these authorities to serious legal repercussions," the court cautioned.

The court observed that fatalities and severe injuries caused by potholes and exposed manholes have become a recurring feature during monsoon seasons.

It is crucial that civic authorities, along with road maintenance contractors, be held accountable for such deaths and injuries, the bench stated.

"We observe a lack of seriousness from authorities in addressing this perennial issue. Unless civic authorities are held accountable, this tragic scenario will continue annually. Accountability must extend to both contractors and the civic authorities themselves," the High Court insisted.

The bench described this as a classic case where, despite numerous orders issued since 2015, the matter requires attention each year, particularly during monsoon season due to the "deplorable road conditions, with potholes continuing to cause fatalities and injuries."

The identical issues regarding potholes, exposed manholes, and resulting casualties and injuries persist annually, the High Court observed.

This continues despite strong assurances from civic authorities and other state agencies to act promptly and establish effective mechanisms to address these recurring hazards, the judges noted.

"The reality remains that road conditions deteriorate every monsoon season, sometimes after the very first rainfall," the court stated.

The High Court mandated strict disciplinary and penal action against contractors and officials found guilty of defective or substandard work.