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Old 1st August 2019, 17:09   #1
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Default A landmark judgement from Karnataka High Court = Compensate pothole victims

Bengaluru: Compensate pothole victims, says Karnataka High Court.


The High Court has ordered BBMP to award compensation to those motorists who suffer loss or damage due to poor road conditions.

However, the victims have to make a representation to the civic body and the BBMP has to be reasonably satisfied with the particular case. The HC order on Wednesday came during the hearing of public interest litigation seeking good roads.

The High Court said that good roads are a fundamental issue and guaranteed as a right. It said that lives of taxpayers are not cheap.

The High Court dwelt extensively on the responsibility of the BBMP in maintaining roads in good condition.

It said when citizens complain about any particular problem about a road, the civic body should respond and issue details of action taken. Civic works on roads and footpaths should not hamper the movement of people and put them in danger.

https://bangaloremirror.indiatimes.c...w/70470437.cms
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Old 1st August 2019, 17:45   #2
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Default re: A landmark judgement from Karnataka High Court = Compensate pothole victims

I think there needs be a good way of reporting and tracking the complaints. Having dealt with garbage issues, its mostly talking to someone and them telling that they will look into it. Even when complaints are created with number, they close it when they like. Unless the complaints are visible to us online, there will be no transparency.

I am not sure (?) if HC has any expertise in formulating the complete system. It needs to ask someone who knows to create it and not the same incompetent people who will come up with a system that will be irritating and waste of time to use.

Last edited by srishiva : 1st August 2019 at 17:47.
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Old 1st August 2019, 19:20   #3
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Default re: A landmark judgement from Karnataka High Court = Compensate pothole victims

I have not gone though the judgement but it says that an affidavit needs to be filed by BBMP on how it plans to proceed.
Let them get back with a reply. It all depends on how a complaint is dealt with once it is received by the BBMP.
The last thing you want is wait for 1 year for a resolution on your complaint and then eventually move to the HC for seeking relief since nothing is being done by BBMP.
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Old 1st August 2019, 20:22   #4
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Default re: A landmark judgement from Karnataka High Court = Compensate pothole victims

Court should have appointed an arbitration panel to monitor complains about road damage issues & monitor about the actions taken by respective authorities.

Compensation isn't the solution, getting the work done & punishing those guilty are the actual solution.

It's bit wired when the body against whom you are complaining is the one who evaluate the merit of it.

There should be a transparent mechanism to register complaints & subsequent assignment of complaint ID for follow up & SLA for resolution under the supervision of above mentioned arbitration panel.

Thanks.
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Old 2nd August 2019, 09:15   #5
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

Quote:
Originally Posted by SILVERWOOD View Post
The High Court has ordered BBMP to award compensation to those motorists who suffer loss or damage due to poor road conditions.
Superb news. I think this should set a precedent across all India. In Mumbai, every monsoon potholes crop up, and are hidden when it rains. I have had multiple cases of suspension damage, rim damage etc. to my cars over the years. I was never unsure of if a complaint could be lodged against the contractor / BMC.

Quote:
However, the victims have to make a representation to the civic body and the BBMP has to be reasonably satisfied with the particular case. The HC order on Wednesday came during the hearing of public interest litigation seeking good roads.
Thats fair, but at the same time, an upper limit on the time for resolution should also be there. Many of us today use dashcams in our cars and it shouldn't be too difficult to prove that a car went in to the pothole. Lets just hope the babu's don't make us go round and round.

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The High Court said that good roads are a fundamental issue and guaranteed as a right. It said that lives of taxpayers are not cheap.
At least in a car, damage to life is lesser as compared to those on 2-wheels. For them the pothole is an extreme danger and needs to be addressed pronto. I think the government should classify paying tax under services so that we can drag authorities to consumer courts / grievance redressal portals. After all, we pay taxes and in return expect to get roads, public transport, infra, etc.

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The High Court dwelt extensively on the responsibility of the BBMP in maintaining roads in good condition.
Now that the Court's got BBMP's attention, hope they improve.
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Old 2nd August 2019, 09:28   #6
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

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Originally Posted by srishiva View Post
I think there needs be a good way of reporting and tracking the complaints.
The Waze navigation app has an in-built functionality for crowdsourcing potholes on roads in the US, aside from reporting a lurking cop with a speed gun, accidents (from where the accidents reported flow into Gmaps, after Google acquired Waze) etc.

A state government with the required gumption and determination would be able to replicate that in Bangalore, wouldn't it? We only need this for 1 city, the doomed city of Bangalore (no offence to Bangaloreans!)
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Old 2nd August 2019, 13:31   #7
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

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Originally Posted by locusjag View Post
The Waze navigation app has an in-built functionality for crowdsourcing potholes on roads in the US, aside from reporting a lurking cop with a speed gun, accidents (from where the accidents reported flow into Gmaps, after Google acquired Waze) etc.

A state government with the required gumption and determination would be able to replicate that in Bangalore, wouldn't it? We only need this for 1 city, the doomed city of Bangalore (no offence to Bangaloreans!)
No offence and thanks for the waze information.
Bengaluru was supposed to go dry but it happened in Madras
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Old 4th August 2019, 20:06   #8
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

Who pays the compensation? If it is the tax payers who have to foot the bill, I don't see any reason why the civic bodies would improve. Unless the officials and/or contractors are made to pay from their pockets, this isn't going to help.
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Old 4th August 2019, 23:03   #9
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

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Originally Posted by locusjag View Post
The Waze navigation app has an in-built functionality for crowdsourcing potholes on roads in the US, aside from reporting a lurking cop with a speed gun, accidents (from where the accidents reported flow into Gmaps, after Google acquired Waze) etc.

...
It's not that potholes form at different places. I have observed the potholes always come up at the same places. I know some of these places since last two decades.

Enough of technology and tools and please show us some will power.
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Old 9th August 2019, 08:25   #10
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

You are such a fighter Waseem. I read about your injury in this (BHPian Silverwood / Waseem Memon injured in accident due to a pothole!)thread and now this, wonderful. More power to you.
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Old 9th August 2019, 10:09   #11
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

Thanks again, Waseem (SILVERWOOD)!
Your personal sacrifices should inspire us all, and I hope you've recovered from your injury caused by a pothole. Wish you a speedy recovery and good health so you can keep going!

The biggest issue here again is that the government officials are not going to be punished. I think and "eye for an eye" system is the only way things will improve in our primitive society - yes, death to the officials responsible, in case a pothole causes death.
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Old 9th August 2019, 10:39   #12
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

@Wasim - You are always a great inspiration right from "One Nation One Tax". Though I have not participated physically in that, I had contributed to the events where we had to pay for the lawyer fees. Even though I had not faced any issue, I still remember talking about this in our office among our friends group and giving awareness on the importance of the one tax policy and our importance to support the cause. I wish you speedy recovery from your current health situation.

BTW, I have not read the judgement copy, but indeed a landmark judgement for sure, but I feel it still leaves a lot of room for loop-holes for the BBMP officials to escape since the steps are not clearly defined on what they need to do and how to setup a better online portal to raise complaints.

What we need now, is an open transparent system where users can log complaints with proofs (photos/videos) with location details of various potholes. Of-course user details should be discreet so that he/she is not targeted by such goons. I'm sure if they setup that, the number of complaints will be so much that BBMP at this pace, will take another century to resolve. There should be provisions on preventing duplicate reporting of issues where, when the location details are fed, the system detects the same and shows the consumer about an existing complaint and its status. There should be option where user can add on top of that complaint for further pics if required. There should be search options where user can see complaints registered area-wise with their status, the concerned department as the resolver-group and under which department is the ticket on hold or currently lying. There should also be an ETA for resolution of those tickets. There should also be strict rules when a particular road is newly laid, like it should not be dug for a certain period of time again (say a locking period) and if whichever department does that should bear the cost of repair and get it done ASAP and an ETA with that is also mandatory. If any of these target dates are not met the money should be cut from that department personals salary who are responsible for the delay. It can be the BBMP head, his sub-ordinates & even the ministry if they delayed it from their side. The fines should be hefty so that, they don't turn a blind eye. It should never be again from tax payers money but from the respective individuals. There should be strict regulations where the officials cannot reject a ticket without proper reasoning and in-case its not satisfactory then there should be provision where such issues can be taken to court where the officials should be answerable. There should be separate court hearings or Lokayukta kind of setup only for these issues so that case tracking is fast and genuine.

I have been in Bangalore for more than a decade and I have never seen the road conditions so bad, where every nook-and-corner they have have dug for god knows whatever reasons and everytime people need to regroup or create a compliant or raise an issue in social networking sites for those so called officials to wake up from their sleep and do their job. For gods sake we are paying a high tax and look at the amenities provided.

I know its too much of asking but without having a clear cut steps defined I doubt anything great is going to happen. Nevertheless something is better than nothing and hence kudos for this judgement. There should be some bill passed with this similar approach so that its considered throughout India and not just one state. Sadly this sort of bill will never see the light because it will target the politicians itself.

I wish if there was a system where common man/woman can raise their voice on certain issues like the one above and based on the headcount of how many people support that idea and if its good for the country development, then it should be automatically considered for a bill to be debated in parliament. Currently things are happening the opposite way where they claim -" You asked and we gave" leaving us (when did we??)
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Old 9th August 2019, 15:14   #13
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

That is really a landmark judgement. Thank you SILVERWOOD for your personal sacrifices. I hope this is emulated in all the other states as well. The New Motor Vehicles (Amendment) Bill mentions "Civic agencies, contractors, consultants will be accountable for faulty design, construction or poor maintenance of roads causing accidents." Hopefully this is followed and enforced strictly.
https://www.team-bhp.com/forum/india...e-changes.html (New Motor Vehicles (Amendment) Bill: Lots of sensible changes)
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Old 12th August 2019, 14:00   #14
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Default Re: A landmark judgement from Karnataka High Court = Compensate pothole victims

I am trying as I key this in to open the BBMP website. Does not open. Every important element required for daily functioning is buried deep under the road. Every work needs someone to access these and the inevitable pick-axe is the only sophisticated tool used to get at them. I wonder how it would look if I kept my car keys in the bank locker daily and tried to access the locker each day just to use the vehicle. One would assume that frequently needed things are designed for easy access.

Technical training and backwardness in the thinking department apart, the entire department seems to be filled with crooks and unsavoury elements who don't seem to have much connection with the job they have daily. The very way in which such a department is put together needs an overhaul. Fighting them incrementally may yield something but its like fixing the door of a house whose foundation is shaking.
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