Legal experts call for stringent regulations

KOCHI: As city roads continue to remain in bad shape legal experts are of the view that citizens need to come forward to take a legal recourse against those who own roads and are responsible for its upkeep.
Advocate Jaju Babu said that there are instances when courts have ordered road owners like Kochi corporation, Greater Cochin Development Authority (GCDA) and PWD to compensate for the damage caused due to non-maintenance of roads.“People have also started filing petitions with Permanent Lok Adalat at Kaloor claiming compensation,” he said.
Babu also said that one of the stringent methods to make road owners and contractors liable is to include a clause of performance guarantee for at least a minimum period of five years. The obligation to pay damages should be enforced on the contractor. Though it should be made mandatory to display the name of the contractor, the last date of relaying or tarring on each road, “for some reason this demand is getting diluted.”
Advocate Shivan Madathil stressed on the need for “registering FIRs and prosecuting” officials and contractors of Kochi corporation, GCDA, PWD and NHAI for poor upkeep of roads which eventually culminate in loss of life, permanent disabilities and damage to vehicles. “There is vicarious liability. So, the officials belonging to the road owners are equally responsible. Even those who are entrusted with monitoring the quality of construction should be held responsible,” he added.
Advocate Sherry J Thomas said when an accident occurs due to bad road, this fact must be stated in the FIR. He said that when vehicles collide, even if it happens due to poorly maintained roads, the affected parties generally opt for benefits under insurance coverage. “In rare instances when there is loss of life because of bad roads, people initiate legal proceedings against road owners,” said Thomas.