MUMBAI, Oct 14: The Bombay High Court has issued a landmark ruling establishing a uniform compensation framework for accidents caused by poorly maintained roads and potholes across Maharashtra.
The court directed that families of victims who die due to pothole-related accidents will receive Rs 6 lakh, while those who sustain injuries will be entitled to compensation ranging from Rs 50,000 to Rs 2.5 lakh, depending on the severity of the injuries.
The ruling was delivered by a division bench of Justices Revati Mohite Dere and Sandesh Patil while hearing a suo motu public interest litigation (PIL) concerning the growing number of pothole-related fatalities and injuries in Mumbai and other parts of the state.
The PIL originated from a 2013 letter written by former Justice G.S. Patel, which highlighted the alarming deterioration of Mumbai’s road infrastructure and the frequent loss of lives due to civic negligenc
The bench expressed serious concern that despite ongoing judicial oversight since 2015, the condition of roads continues to worsen annually during the monsoon season, exposing commuters to grave danger.
The judges observed that such recurring failures reflected systemic negligence by authorities responsible for road maintenance, including the BMC, MHADA, MSRDC, and CIDCO.
In its detailed order, the court declared that ensuring safe and motorable roads is a constitutional obligation of the government and municipal agencies under Article 21 of the Constitution, which guarantees the right to life. It stated that pothole-free and safe roads form an integral part of citizens’ fundamental rights, and the government’s failure to maintain them constitutes a violation of those rights.
The bench further clarified that the compensation to victims or their families will be independent of any other legal claims they may pursue. It also directed that concerned authorities disbursing compensation will have the right to recover the amount from contractors or officers found responsible for negligence.
Expressing dismay at the continued loss of lives due to road accidents in Mumbai, Thane and Bhiwandi, the High Court criticised government departments for indulging in mutual blame-shifting instead of taking concrete action to prevent such tragedies.
The order reinforces judicial accountability in civic infrastructure management and sets a binding precedent for compensation in all future pothole-related cases across Maharashtra. (UNI)
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