More pothole deaths than ones in terror attacks: Supreme Court

New Delhi: The Supreme Court on Friday expressed serious concerns over increasing accidents due to potholes on roads and said these are much more than deaths due to terror attacks.

A bench of Justices Madan B. Lokur and Deepak Gupta, dealing with a petition on road safety, observed that persons who have lost their lives as a result of accidents caused due to potholes should be entitled to compensation.

Justice Lokur observed, “It is a matter of common knowledge that a large number of people have died in accidents caused due to potholes on roads and authorities, that are supposed to maintain the roads, are not doing their duties properly. It was not known where one would find potholes on roads and which one would lead to fatal accident. This is frightening. It is about life and death of a person and this problem should be addressed.”

The bench also made it clear that from September 1 onwards, automobile companies in the country cannot sell four-wheelers and two-wheelers without a mandatory third party insurance for a period of two years and five years.

In view of unsatisfactory third-party insurance offered to vehicles, the Supreme Court Committee on Road Safety has asked the Insurance Regulatory and Development Authority of India to offer a mandatory three-year policy for cars and a five-year policy for motorbikes at the time of sale and registration.

Currently, maximum one-year comprehensive policy for car and three years comprehensive policy for two-wheelers can be offered by insurers. The long-term policy for three years for car and five years for two-wheelers will be offered only for third party insurance and not for the comprehensive cover.

Quoting media reports, the bench said “So many people are dying in the country due to accidents caused by potholes on roads. Reports say that more people have died due to accidents caused by potholes than the deaths in terrorist attacks.”

It asked the Supreme Court Committee on Road Safety, headed by former apex court judge Justice K S Radhakrishnan, to look into this very serious issue and file a report within two weeks. The bench also said the committee should give recommendations on potholes on roads as the issue was a part of road safety.

It must be noted that the same bench while hearing the sealing matter had raised the issue of deaths in accidents due to potholes on roads, particularly in Mumbai and had observed “people are dying due to potholes in roads and the officials are counting potholes.”

Amicus curiae informed the court that as per the existing scheme, Rs 25,000 was paid to a victim of hit-and-run accident in case of death and Rs 12,500 compensation was given to a person who was grievously injured in such accident. He said the Motor Vehicles (Amendment) Bill 2016, which has revised the amount of compensation to Rs 2 lakh in case of death and Rs 20,000 for injury in road accidents, was tabled last year in the Parliament and it was passed by the Lok Sabha.

Additional Solicitor General Pinky Anand, appearing for the Centre, said the Bill was pending in the Rajya Sabha and yet to become a law. Then the amicus said that since the Bill was pending in the Rajya Sabha for almost a year, the Centre should frame a scheme to give more compensation to the victims of road accidents. He said nobody can say that the Government of India cannot give Rs 2 lakh for deaths and Rs 20,000 for injury in road accidents even if the Bill is not passed or is pending.

When the bench asked the ASG whether the Bill would be taken up by Rajya Sabha in the current session, she said it was likely to be taken up but if Parliament is adjourned the government would look into it. The Bench posted the matter for further hearing after four weeks.