Death Of A Youth In A Pothole; Kerala HC Express Apology To The Family Of Deceased For The 'Systemic Failure'[Read Order]

Deeply anguished and perturbed with the death of a youth in a pothole accident, the High court of Kerala speaking through Justice Devan Ramchandran whilst expressing deep apology has constituted a batch of lawyers to identify various roads and pedestrian paths in the Cochin City.

The deceased, Yadhu Lal was reported to have been riding a motorcycle when he was caught unaware by a pothole on side of Palarivattom highway and then hit violently by a lorry resulting in his instantaneous death. Terming the incident as unfortunate and disturbing the court noted that the timely maintenance of various roads and potholes in the City have failed due to lack of coordination /proper monitoring mechanism between various stakeholders viz. G.C.DA.,Cochin Corporation and Public Works Department.

Referring to the earlier order of the court which had cast a personal liability on the concerned Engineers and officers in ensuring that the roads would be maintained and potholes would be filled on a routine and proper manner, the death of the youth clearly demonstrated that no change whatsoever had been done in the matter, the bench observed. The assurances made by the officers /engineers made before the court clearly demonstrated that the same had not served any purpose due to the insouciance and lackadaisical approach of various stakeholders; said the court.

Terming the death of the youth, as a 'systemic failure' the court expressed deep apology on behalf of the society to the parents of the deceased. Justice Devan Ramachandran opined: " The indubitable systemic failure – the persons responsible for which will certainly be required to be identified through a proper enquiry –compels this Court to place on record the deepest apology on behalf of the society to the hapless parents. I am sure,this is the least that we can do for them !"

The Court thereupon constituted a batch of lawyers to act as 'Amici Curiae' to identify various roads and pedestrian paths in the Cochin City and to file reports in this regard on a periodical basis. 

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