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Bombay HC Slams BMC Over Potholes, Says Civic Bodies Must Compensate Victims Of Fatalities And Accidents

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Mumbai: The Bombay High Court sharply rebuked the Brihanmumbai Municipal Corporation (BMC) and other civic bodies on Friday for its failure to address the persistent problem of potholes on city roads, suggesting that they should be prepared to compensate victims of accidents and fatalities caused by the hazardous conditions.

A bench of Justices Revati Mohite-Dere and Sandesh Patil criticised the authorities while hearing a suo motu public interest litigation (PIL) hearing regarding the perilous state of city and MMR’s road infrastructure.

The expressed concern, stating, “Roads that once lasted for decades are now developing craters after just one rainfall.” The bench emphasised that the authorities must be ready to offer compensation for both injuries and fatalities resulting from potholes, and raised serious questions about the number of lives lost and injuries sustained due to the neglect of road maintenance. The judges also hinted at the possibility of holding the BMC and other authorities accountable for such tragedies by making them liable for compensation.

Advocate Ruju Thakker, who initially filed a contempt petition against authorities for non-compliance with a 2018 High Court order on potholes, informed the court that five people had died due to potholes—one each in Mumbai and Thane, and three in Bhiwandi.

In response, the the bench remarked, “When someone in the family dies, the entire family’s livelihood is affected. The breadwinner is lost due to sheer negligence. The BMC must be prepared to pay compensation for such losses,” the bench warned.

Senior advocate Jamshed Mistry, appointed as amicus curiae (friend of the court) in the case, pointed out the absence of a public liability insurance system in India, which is commonly found in other countries to cover accidents caused by public infrastructure.

“In other countries, there is a system of public liability insurance to cover such incidents, but in India, this is lacking. Why should citizens bear the brunt of such neglect (by authorities)?” Mistry said.

The court further instructed the BMC’s chief engineer and a senior officer from the Maharashtra State Road Development Corporation (MSRDC) to appear before it next week with detailed reports on the number of deaths and injuries caused by potholes.

“The issue of granting compensation for these pothole-related fatalities will be considered during the next hearing,” the HC said.

It added: “Learned counsel appearing for the respective respondents to also take instructions, as to whether the (civic) corporations are willing to assume responsibility for the medical expenditure of the persons injured on account of potholes within their respective jurisdiction, as the corporations appear to have breached several orders passed by this court from time to time.”

In October 2024, the HC had revived a 2018 PIL concerning pothole repairs across Mumbai and its metropolitan region, after disposing of Thakker’s contempt plea. The court had previously ordered the civic authorities to address potholes and establish a uniform mechanism for addressing public grievances related to road maintenance.

National News

Mumbai Accident: 29-Year-Old Drunk Driver Crashes Car On Coastal Road Bridge, Damages Public Property

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Mumbai: A case has been registered under Sections 281, 125, 324(3), 324(4) of the Bharatiya Nyaya Sanhita (BNS) along with Section 185 of the Motor Vehicles Act against one Farshogar Darayush Battiwala (29) for reckless and drunken driving on the Coastal Road Northbound near Worli on October 6 late night.

According to the complaint lodged by Police Naik Mushir Rashid Tadvi (49), attached to the Worli Police Station, the incident took place around 10:57 p.m. near Naman Jana Building, opposite the bridge leading towards Prabhadevi.

Battiwala, who was driving an Ertiga car, allegedly drove the vehicle dangerously and negligently on a public road under the influence of alcohol, endangering his own life as well as that of others. During the incident, he crashed into the roadside railing, causing damage to public property and his vehicle. Following the incident, Worli Police registered an FIR under the aforementioned sections and initiated further investigation.

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National News

Mumbai Ailing Hospitals Part 11: Sion Hospital Struggles With Medicine Shortages, Overcrowding & Equipment Failures

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Mumbai: Danish Shaikh, a relative of a patient, shared a distressing experience involving his 67-yearold aunt, Noor Shaikh, who suffers from kidney disease. “We had to purchase medicines worth Rs7,000 from outside the hospital because they were unavailable there,” he said.

Visiting the hospital at night and lacking sufficient funds, Shaikh was forced to borrow money from fellow visitors, which he could return only the next day. “I was completely uncertain about what to do,” he added. Another patient, Manoj Singh, echoed similar frustrations: “Whatever medicines doctors prescribe are not available here. We are forced to buy expensive drugs from private medical shops. Getting treated in Sion Hospital now feels like going to a private hospital.”

Such incidents are becoming alarmingly common, as the hospital frequently runs out of essential medicines, compelling patients to buy costly drugs from outside. Such incidents are becoming increasingly common at the Lokmanya Tilak Municipal General Hospital (LTMGH), also known as Sion Hospital, the second-largest hospital run by the Brihanmumbai Municipal Corporation (BMC).

The hospital is grappling with a deepening crisis that is severely affecting patient care. The hospital serves as a critical healthcare hub for millions, handling 22 lakh patients annually and 5,000 to 6,500 daily outpatient department (OPD) visits, peaking at 7,500 during monsoons. However, medicine shortages, overcrowded wards, equipment failures, and unhygienic conditions are pushing patients and their families to the brink.

An anonymous official from the civic administration admitted that the BMC has not yet received new medicine stocks, forcing the hospital to manage with dwindling supplies. “The hospital is somehow managing with the old stock and distributing whatever is available,” the official said, adding that fresh supplies are expected soon. However, the delay continues to leave patients in distress. Sion Hospital’s challenges extend beyond medicine shortages.

Overcrowding is a persistent issue, with its 1,900 beds insufficient to accommodate the massive patient load. In medicine wards 6, 7, and 20, designated for male and female patients, two patients often share a single bed, while others are accommodated on mattresses laid out on the floor. On one occasion, a ward designed for 40–50 patients housed 105, making proper sanitation nearly impossible.

Sumit Dhar, a relative of a patient, said, “My relative feels very uncomfortable. I can barely reach the bedside — there’s hardly any space to walk between the beds.” Dirty beds, soiled linen, and insufficiently cleaned toilets and common areas further exacerbate hygiene concerns, raising the risk of infections. As a tertiary care centre, Sion Hospital attracts patients from Mumbai’s densely populated areas like Kurla, Chembur, Dharavi, Dadar, Matunga, Bandra, Ghatkopar, Mulund, and Govandi, as well as from surrounding districts like Thane, Navi Mumbai, and Raigad.

An administrative official, speaking anonymously, noted that despite Thane having its own chief minister for over two years, public hospitals there remain underdeveloped, funneling patients to Sion Hospital for specialized care. “The hospital has specialised medical care, advanced treatment facilities, and experienced doctors,” the official said, underscoring its critical role. Yet, patients report a starkly different experience.

Equipment failures add to the hospital’s woes. One of its two MRI machines is non-functional, leaving a single machine to handle both admitted and emergency cases. Patients face appointment delays of two to three months, with some redirected to Eknath Gaikwad Hospital in Dharavi, known as “Chhota Sion.”

Dr. Mohan Joshi, the hospital’s dean, claimed that all MRI machines are currently functional, but patients continue to face delays. CT scans, outsourced, require patients to queue early in the morning for appointment dates, adding to their inconvenience. The hospital’s blood bank has also drawn criticism. Previously fined for failing to update its stock on the SBTC website, it struggles to provide blood for nearly 280 thalassemia patients who require regular transfusions.

“There is a perennial shortage of blood, even though the hospital has a dedicated thalassemia unit… Private blood banks also refuse to provide blood free of cost, in violation of government policy,” said a health activist.

Despite increasing blood collection over the past three years, mismanagement persists. The hospital’s basement, filled with trash, discarded medical materials, and broken furniture, poses a serious safety hazard. Blocked pathways and flammable materials could hinder emergency evacuations, highlighting administrative negligence.

Despite these challenges, Sion Hospital remains a vital healthcare provider, performing 400 surgeries, 100 endoscopies, and 10 angiographies daily. Its OPD, operating from 8.30 am to 12.30 pm, serves a wide range of specialities, but the strain on resources demands urgent reform to restore its ability to deliver quality care.

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Maharashtra

Mumbai Accident: 1 Killed, 6 Others Injured As Speeding Tempo Traveller Crashes Into BEST Bus In Dadar

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Mumbai: A speeding tempo traveller crashed into a BEST bus and two other vehicles in Dadar late Sunday night, killing one and injuring six, including three brothers. The victim was identified as Shahabuddin Zainulabdeen Shaikh, 37, a clothes vendor, said the Shivaji Park police, adding that medical examination confirmed that the driver, Sandesh Kumbhar, 27, was driving under the influence of alcohol.

Preliminary investigation revealed that Kumbhar, a resident of Wadala, was driving in a rash and negligent manner. According to BEST, the fatal mishap occurred around 11.30 pm near the Dadar Plaza bus stop, when a tempo traveller, heading towards Shivaji Park, lost control. It collided with the front right side of a BEST bus that was en route to Pratiksha Nagar from the Worli depot.

After crashing into the bus, the tempo traveller also struck a taxi and another tourist vehicle, damaging both. “The impact caused the bus to veer left, hitting pedestrians and passengers waiting at the stop. Shahabuddin, a pedestrian, died on the spot,” said an official.

Those injured were identified as brothers Rahul Padale, 30, Rohit Padale, 33, and Akshay Padale, 25. The remaining three are Vidya Mote, 30, Abhishek Rautkar, 24, and Abdul Nadir, 23. While Nadir is from Wadala, the rest are from Sion. They were immediately rushed to Sion Hospital with the help of the bus conductor and local police personnel. The police have registered a case of accidental death against Kumbhar.

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