Lawstreet Journal

Supreme Court asks NHAI and Rathod to pay compensation for Accidental death caused due to illegal mining [READ JUDGMENT]

Lawstreet Journal 17 Jul 2020 8:33pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court asks NHAI and Rathod to pay compensation for Accidental death caused due to illegal mining [READ JUDGMENT]

The Supreme Court of India has held the National Highway Authority of India (NHAI) liable for illegal mining and upheld the Judgment given by National Green Tribunal Board. The Apex Court asked the NHAI to compensate the legal representatives of a woman and her daughter who died in an accident while traveling on National Highway (NH).

On 6th June 2013, Vishakha and Sanskruti were traveling through an NH when over-mining resulted in the destruction of a small hill by the side of the NH. The resultant debris and a part of the hill collapsed and slid down to the road, claiming the lives of mother and daughter. 

After this, the Pune bench of National Green Tribunal (NGT) on an application by Aam Aadmi Lokmanch before this court noted that the accident is a result of the illegal mining and activities by one Rathod. The Tribunal observed that NHAI and Rathod are jointly liable to pay the legal representatives of deceased a compensation of Rs 15 lakhs.

The NHAI contended before the SC that there was no material on record to establish that the NHAI was in any way culpable or had failed to perform a public duty or neglected to avert a foreseeable calamity. The Tribunal said that their neglect or omission of the NHAI was contrary to law.

The apex court considered whether NHAI cares for the users of the highway.

The court said while framing the issues noted, “The question is whether the NHAI, which indisputably owns and controls the highways, and on… Continue Reading...

Tagged: NHAI   National Highways Authority Of India  
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