District Collector, Mandi, held vicariously liable for contractor's failure to ensure road safety, resulting in a fatal accident.
In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Sushil Kukreja, upheld a lower court's decision to award Rs. 3.33 lakh in damages to Ved Vatti, whose son died in a road accident attributed to negligence during road repair work. The judgment emphasizes the liability of government officials for failing to ensure safety measures on a national highway.
The tragic incident occurred on May 24, 2009, when Ajay Parshad, the deceased, was traveling on his motorcycle near village Ahaju on NH-20. He collided with a stone placed on the road due to incomplete repair work, resulting in his death. The road section was under repair since May 2008, and the lack of proper warning signs and barricades was cited as the primary cause of the accident.
The initial suit filed by Ved Vatti sought Rs. 10 lakh in damages, arguing that the accident resulted from the negligence of the defendants, including the District Collector, Mandi, and the contractor responsible for the roadwork. The District Court partially granted the claim, awarding Rs. 3.33 lakh, a decision now affirmed by the High Court.
The High Court dismissed the appeal by the District Collector, Mandi, and others, who argued the accident was due to the deceased's negligence. The court applied the principle of "Res Ipsa Loquitur," indicating that the negligence was apparent and the defendants failed to demonstrate that adequate safety measures were in place.
Justice Kukreja highlighted the duty of care owed by the defendants to ensure road safety, noting the absence of precautionary signs and proper barricading. The judgment reiterates that negligence in public duty, especially in maintaining road safety, can lead to severe consequences and legal liability.
This ruling serves as a critical reminder for authorities to prioritize safety measures during infrastructure projects, ensuring that public safety is not compromised.
Bottom line:-
Negligence - Liability for damages due to failure to provide safety measures and warning signs during road repair work.
Statutory provision(s): Section 80 of the Code of Civil Procedure (CPC), Principle of Res Ipsa Loquitur, Article 21 of the Constitution of India.
District Collector, Mandi v. Ved Vatti, (Himachal Pradesh) : Law Finder Doc id # 2890260
