It's My Right: You Can Claim Compensation For Pothole Accidents And Deaths; Expert Explains How

It’s My Right: Potholes are more than just a nuisance, they cost lives, damage vehicles and impose significant economic burdens. Pothole-related accidents lead to thousands of deaths in India annually, while also creating direct financial costs for vehicle repairs. Indirectly, they contribute to economic strain through increased vehicle operating costs and lost productivity. 

To get a better understanding on the issue, The Daily Jagran spoke to Supreme Court advocate Nishant Kumar, who is also a Senior Partner at Kumar & Malik Law Offices, Delhi. "Pothole deaths aren’t accidents, they’re symptoms of systemic apathy," he believes. 

Pothole Accidents And Deaths: Official Data

Data from the Ministry of Road Transport and Highways (MoRTH) highlights an alarming toll due to potholes. As many as 9,109 deaths were attributed to potholes over a period of five years between 2019 and 2023. 

In 2023 alone, 2,161 deaths were reported in pothole-related accidents, a 16.4 per cent increase from 2022. Of these, Uttar Pradesh reported the highest fatalities of 1,320, followed by Madhya Pradesh with 177 deaths, and Tamil Nadu with 159 deaths.

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Legal Accountability And Justice

Beneath the statistics lie some pressing questions: Can the government be held accountable for these tragedies? Can victims or their families claim compensation for lives lost, injuries sustained, or vehicle damage caused by neglected potholes and unsafe roads?

Legal experts confirm that accountability is possible, though achieving it is often a long, complex and uncertain process.

Advocate Kumar emphasises that citizens must file written complaints, maintain photographic or video evidence, and escalate matters legally if ignored.

Where To File Complaints Against Potholes

Advocate Kumar suggests that citizens can report potholes via:

- Apps like ‘FixMyStreet’, ‘BBMP Sahaaya’, ‘MCGM 24x7’, and ‘SmartCity’ in most metro cities.

- Municipal grievance portals in cities like Delhi, Mumbai, Bengaluru, and Chennai.

- Social media platforms such as X (Twitter) and Instagram, tagging official handles to create a public record.

- Filing Right to Information (RTI) requests to track updates on complaints, creating a paper trail and preventing silent disposal.

Digital footprints make bureaucratic negligence traceable, which is the first step toward legal accountability, he says.

Systemic Reforms To Prevent Pothole Deaths

To prevent fatalities and improve road safety, Advocate Kumar recommends the following reforms:

1. Public Audit Dashboards: Every road project should maintain an online audit trail including contractor name, budget, inspection report, and maintenance status. Transparency reduces corruption.

2. Strict Contractor Liability: Contractors must provide performance guarantees; if potholes develop within the warranty period, they must repair them at their own cost or face blacklisting and criminal prosecution.

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3. Criminal Accountability: Municipal laws should include criminal negligence charges against officials who fail to act on complaints.

4. Citizen Oversight Cells: Resident Welfare Associations (RWAs) and citizen groups should monitor civic contracts, bridging the gap between public funds and public roads.