Bombay High Court: Can state be responsible for every accident?

Bombay High Court: Can state be responsible for every accident?

Can the state government be held responsible for every accident because of overspeeding by drivers on highways, the Bombay High Court asked on Tuesday, while hearing a public interest litigation (PIL) filed by advocate Owais Pechkar, a resident of Chiplun city, who regularly commutes on the highway.

Urvi MahajaniUpdated: Wednesday, February 01, 2023, 06:06 AM IST
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Bombay High Court | Wikimedia Commons

Mumbai: Can the state government be held responsible for every accident because of overspeeding by drivers on highways, the Bombay High Court asked on Tuesday, while hearing a public interest litigation (PIL) filed by advocate Owais Pechkar, a resident of Chiplun city, who regularly commutes on the highway.

The petitioner sought steps be taken to fix potholes on the highway, which is prone to accidents and pointed out that the widening of the Mumbai-Goa route has been delayed by several years.

Affidavits were filed by the State PWD and the National Highways Authority of India (NHAI) showing compliance of the construction, repair and maintenance work undertaken by them, in line with earlier HC directions. The affidavits stated that most of the work between Panvel and Indapur is expected to be completed by May 31, 2023.

Mr Pechkar pointed out to the division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne that accidents still take place on the stretch and pointed to a news report about a truck on the wrong side of a road causing an accident.

Additional government pleader PP Kakade said that there are diversions on the highway because of construction work and the truck was coming in the wrong direction. “How will the government be responsible for that?” asked Mr Kakade.

“There is over speeding by drivers. How can the government be held vicariously liable for every accident?” asked Justice Gangapurwala.

Mr Pechkar said proper safety measures need to be taken at road construction sites to avoid accidents. An application filed by Mr Pechkar prayed that the NHAI and PWD take immediate steps to “install proper and upgraded safety measures, including diversion signboards installed with upgraded radium and red/yellow neon-alert lighting, along the stretch”.

Mr Kakade stressed that it was being done. The bench, however, asked the authorities to ensure that proper safety measures such as signages indicating construction work are in place.

Mr Pechkar further pointed out that there were certain portions of the highway where work was still half done to which Mr Kakade replied that they have changed the contractor as the earlier contractor was not doing the work. The new contractor was appointed in April 2022 and his deadline to finish the work is February 18, 2024, Mr Kakade said.

The court asked the government to complete the work “expeditiously” considering the work on other portions is either completed or nearing completion.

The application filed by Mr Pechkar has also sought a direction to the authorities concerned to take steps to establish trauma care centres under the scheme of “Capacity Building for Developing Trauma Care” equipped with expert teams of neurologist and neurosurgeons and other medical staff.

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