Accident caused by a pothole? Here’s how and from whom you can claim government compensation

Many states across the country are currently experiencing rainfall. Potholes appearing on roads after the rain is nothing new; however, if an accident occurs due to these potholes, who is held responsible, and who provides the compensation?

Reports of potholes on roads frequently surface during the rainy season. Potholes make commuting difficult for vehicles. Consider a scenario where a major accident occurs due to a pothole—such as a driver sustaining serious injuries or a vehicle suffering significant damage—from whom can compensation be claimed in such a situation?

What to do after an accident?

In reality, there is no specific or separate law in the country solely for accidents caused by potholes. However, in such cases, the accident victim can pursue legal recourse under Article 21 and Article 300 of the Constitution, as well as the Motor Vehicles Act, 1988.

Where to file a complaint?

If you wish to file a complaint regarding a pothole, you can do so via CPGRAMS or the 'Meri Sadak' App. However, one should not assume that filing a complaint automatically guarantees compensation; that is not the case.

Keep in mind that filing a complaint does not mean you will receive immediate compensation; rather, you must follow the legal process to claim compensation for the accident or damage caused by the pothole.

From whom can compensation be claimed?

If an accident occurs due to a pothole, you can claim compensation from the government department or authority responsible for that road. Depending on the road, this could be the NHAI (National Highways Authority of India), the Municipal Corporation, or the PWD (Public Works Department).

Keeping evidence is crucial.

If an incident occurs due to a pothole, ensure you gather and retain certain essential pieces of evidence before filing a compensation claim. These include...

First, keep all necessary medical treatment documents.

Also, keep photos and videos of the pothole on the road. Keep the bill for the vehicle repairs safe as well.

Will compensation be awarded?

The court or authority decides whether compensation will be awarded—and if so, the amount—after examining the relevant department and the evidence presented.