Pune: Bombay High Court’s Landmark Order: Pothole Victims’ Families Entitled to Compensation; DLSA to Provide Free Legal Assistance

Pune, November 10, 2025:

The Bombay High Court bench of Justice Revati Mohite-Dere and Justice Sandesh D. Patil delivered an important judgment on October 13, 2025, concerning deaths caused by potholes and road safety. The court prioritized the right to life and safety of citizens, terming it a historic judgment protecting citizens’ fundamental rights.

District Legal Services Authority (DLSA) Secretary Sonal Patil appealed to citizens to immediately report potholes or unsafe roads to the concerned authorities. She further informed that complete support will be provided by the DLSA to families of victims who died or were injured due to such accidents.

While delivering judgment in the case State of Maharashtra and Others vs. …, the High Court stated that maintaining roads in a safe condition is a constitutional obligation under Article 21 of the Indian Constitution. The court observed that deaths and accidents due to potholes—especially during the monsoon—have become a “recurrent tragedy” that cannot be tolerated.

To ensure accountability for deaths and injuries caused by potholes, open manholes, and unsafe roads, the court issued the following comprehensive directions:

Compensation for Victims:

• In the event of a death due to potholes, the deceased’s legal heirs will receive compensation of ₹6 lakh.
• In cases of injury, depending on the severity, compensation ranging from ₹50,000 to ₹2.5 lakh will be awarded.
• The compensation must be provided within six to eight weeks from the date of filing the claim.
• This payment is in addition to any other legal remedies available under civil or criminal law.

Where to File Complaints:
Any citizen can lodge a complaint regarding potholes, open manholes, or unsafe roads on the official online complaint portal or helpline of the concerned municipal corporation or Public Works Department (PWD).
In Pune and Pimpri Chinchwad, complaints can be submitted at the Municipal Commissioner’s office, District Collector’s office, or the Chief Engineer (Roads).
The DLSA will assist victims or their families in pursuing compensation and necessary relief if claims are filed directly with the authority.

Responsible Officers for Action:

• In urban areas: Municipal Corporations, Municipal Councils, Nagar Parishads, the Maharashtra State Road Development Corporation (MSRDC), Public Works Department (PWD), and the National Highways Authority of India (NHAI) are responsible.
• In rural areas: Responsibility lies with officials of the Zilla Parishad and Rural Development Department.

Monitoring and Compliance:
Each authority must appoint nodal officers responsible for immediate response and coordination regarding complaints.
District Collectors will supervise compliance within their jurisdiction, while the State Government will submit periodic compliance reports to the High Court.

Nature of Action:

• All complaints regarding potholes and unsafe roads must be resolved within 48 hours.
• Before and after repair photographs must be publicly uploaded as proof of action.
• Negligent officers, engineers, and contractors responsible for faulty roadwork will face departmental action, and compensation paid to victims may be recovered from them.
• In cases of death or serious injury due to negligence, criminal prosecution will be initiated.
• If compensation is not paid or action is not taken on time, the Municipal Commissioner, District Collector, or Department Head will be held personally liable.

Sonal Patil, Member, District Legal Services Authority:
“To claim compensation for deaths or injuries, victims’ families may file a claim on plain paper. Attach medical reports and a copy of the complaint lodged at the police station to facilitate the process.
For faster relief, the Legal Services Authority will coordinate with local officials to ensure free legal assistance and timely justice for victims.

Victims or their families affected by potholes or unsafe roads may contact the District Legal Services Authority, District Court Complex, New Building, First Floor, Shivajinagar, Pune,
Email: [email protected]
Phone: 020-25534881
Mobile: 8591903612.