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Tuesday, October 22, 2019

Inform Bengalureans on how to seek relief for accidents due to potholes: HC to BBMP

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The HC took exception to the BBMP Commissioner's submission that it would open a ‘Pandora’s box’ and warned him that it would attract "contempt of court" proceedings.
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The Karnataka High Court on Monday came down heavily on the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner BH Anil Kumar for defying its orders regarding giving publicity about compensation delivery mechanism for victims of accidents caused by potholes. The issue came up as the division bench led by Chief Justice AS Oka and Justice SR Krishna Kumar was hearing a public interest litigation (PIL) filed by Vijayan Menon of the Citizen’s Action Forum. Vijayan Menon had petitioned the HC saying that the BBMP should be held responsible for accidents caused due to potholes and also stated that victims of such accidents must have a right to compensation. The judges took objection to the BBMP Commissioner “defying” court orders when he submitted that it would open a ‘Pandora’s box’ if the BBMP were to announce such a drive. The HC also warned that the Commissioner's submission could be considered as contempt of court and directed BBMP to install display boards informing citizens about the same within the next 10 days and submit a compliance report to the court by November 11. “The Commissioner is not an ordinary litigant. The statement does not appear to be prepared as per legal advice, as it is specifically signed by the Commissioner himself,” the court said, reported The Hindu. On September 30, the court had  passed an interim order stating that  BBMP officials would be held responsible for accidents due to potholes. The court also said that the BBMP would be liable to pay compensation to victims or their families who incur losses due to hazardous roads. The HC had then observed that tax-paying citizens are at a high risk of getting injured due to the bad condition of the roads. Prior to the judgement, victims had to move the court to seek compensation. In order to avoid going to court over the issue, the judges held that an aggrieved party can directly approach the civic body for compensation.
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