Bombay High Court Orders Compensation for Deaths, Injuries from Potholes and Open Manholes
Mumbai, 14th October 2025: The Bombay High Court on Monday directed municipal corporations and state authorities to pay Rs 6 lakh as compensation for deaths caused by potholes or open manholes, and ex gratia ranging from Rs 50,000 to Rs 2.5 lakh for injuries sustained in such incidents. The court emphasized that denying compensation would amount to treating citizens’ right to safe roads as “mere lip service.”
“This is independent of, and in addition to, any other legal remedies available to the affected party,” noted Justices Revati Mohite Dere and Sandesh Patil. The matter arose from a 2013 suo motu public interest litigation, which highlighted recent fatalities due to potholes in Powai, Bhiwandi, and Kalyan, as well as the death of a 13-year-old who fell into a manhole with a damaged cover, as brought to the court’s attention by advocate Ruju Thakker.
To determine compensation, the court ordered the constitution of committees comprising the municipal commissioner or chief officer along with the secretary of the District Legal Services Authority (DSLA). For state agencies such as the MMRDA, MSRDC, PWD, BPT, or NHAI, the panel will include the senior-most officer of the agency along with the DSLA secretary.
The judges lamented that despite repeated court orders, deaths and serious injuries from potholes and uncovered manholes have become a recurring problem during the monsoon. “We find no seriousness on the part of the authorities in addressing this perennial problem… It is high time that victims or their families are compensated for deaths or injuries caused by potholes. Only then will it serve as a wake-up call for the concerned agencies,” the bench said.
The committees are required to convene their first meeting within seven days of receiving information about a death or accident. Subsequent meetings must be held every 15 days, or earlier if necessary. The panel may act suo motu or on applications submitted by the legal heirs of the deceased or injured. Police officers in charge of the relevant station must share details of incidents within 48 hours.
Compensation may initially be drawn from fines or amounts recovered from contractors. In the absence of such funds, municipal corporations, councils, collectors, or state agencies will bear the liability. The court directed that the committee conduct a thorough inquiry in each case.
“Compensation shall first be paid to victims or families, and recovery from those responsible—whether officers, engineers, or contractors—will follow,” the order stated.
