ROAD TRAGEDIES DUE TO POT HOLES AND OTHER DAMAGES AND THE PRINCIPLES OF THE CONSTITUTIONAL TORT WHEN SOME ONE KILLED OR INJURED

As per report made by the ministry of surface road transport New Delhi due to pot holes on the surface areas of roads created due to bad weather and other reasons 2300 lives on average claimed annually during the last five years from 2016 till 2020 , according to data published by the ministry of road and surface transport highways fatalities attributed to pot holes-related crashes remain high despite the supreme court raised concerns during July 2018 ,towards maintenance of roads and highways with the authorities. To curb such deaths the Kerala High court has stated that the central government particularly the Road transport and highways ministry has a specific role to play with respect to the principles of constitutional tort ,when someone is killed or injured in an accident on the National highways.This means that the authorities can be held accountable for their duty and action, of their agents including private developers engaged by them and by their officials .The National highways authorities will soon launch an online system and a mobile application enabling road users to report any potholes or damaged portion.The time line would be fixed for required action and failing to do the needful penal action would be taken against the defaulters.The speed limits and the potholes occured on the highways is too responsible to react after spotting pot holes to avoid crashes as becoming more complicated due to mixed traffic on the lane ,both slow and fast moving vehicles,on most of the highways creating disturbances on the such spots .