'Bane Of Our System': Kerala High Court Calls For Safety Measures Around Road Work Sites Amid Rising Number Of Accidents

The Kerala High Court has urged the State government and the Public Works Department (PWD) to expeditiously draw their attention to introducing and implementing safety protocols in the ongoing road work sites across the State.

Justice Devan Ramachandran accordingly asked the Senior Government Pleader to ascertain whether there are any protocols with respect to the security and safety measures to be enforced in the ongoing work sites.

"This is a matter that certainly must engage the attention of the Government and the PWD specifically because, though not reported, it is common knowledge that every ongoing work attracts several accidents because of lack of proper warning signs, lights and such other. Most of our roads are not lit much and it is difficult to discern a work, especially when one travels at speeds over 40 k.m. or so. This is the bane of our system, which will require to be reflected upon by the competent Authorities without any delay."

The Court observed so after Advocate Jomy George informed the Judge of an accident that happened recently at Tripunithura in which a young man lost his life solely because necessary warning signs and barriers had not been placed at a work site. This was also mentioned in the report submitted by amicus curiae Advocate S.Krishna.

At this juncture, Senior Government Pleader Manoj Kumar submitted that immediate steps have been taken to fix responsibility and that the concerned engineers and contractors were placed under suspension and charged with cases.

While refusing to speak more about the accident since it was undergoing investigation, Justice Ramachandran wondered if the accident could have been averted had there been proper barricading at the site. In this light, the Judge pointed out that this normal pattern of fixing responsibility after the incident cannot be condoned any further and that preventive measures were unavoidable. 

"What is required to be done is to avoid accidents for which, all necessary precautionary steps will have to be ensured on the ground level, when a work is going on. This is absolutely necessary in these times because vehicles are fast moving and people are in a hurry."

The Court expressed its concerns over insufficient lights and other warning signals around ongoing work on roads, bridges, etc. leading to people being put in danger, either carelessly or in spite of necessary care. Further, it was added that the fact that engineers/contractors are taken to task after the incident would be of no solace to the family of the victim/injured; and that it was rather disconcerting that even in the age of advanced technology, incidents like this still happen.

"We often talk about countries other than ours, when speaking about progress; but when it comes to our neighbourhood, we are oblivious to the various requirements that are mandatory. I do not think that we can make any further delay and specific protocols will have to be thought of and implemented without reservation. These protocols certainly must cover all the works in Kerala and not merely those which are undertaken by the PWD."

Regarding fixing responsibility, the Single Judge commented that the engineers and officers in charge of the work will have to be made primarily accountable; and unless deterrent penalties are imposed, accidents will remain a continuing saga.

"It is only if the Officers/Engineers have fear and respect for law, will they exercise necessary caution. The standard of care required by them certainly is as if the work is being done by themselves. This is most of the time forgotten and the lives of ordinary citizens are imperilled."

The Court, therefore, declared that in case of any such future incident, the concerned Engineer and Supervisory Officer will be held primarily responsible to its fullest warrant.

These observations were to be answered by the competent authorities through a proper counter pleading. The matter will be taken up next on 23 June.

Case Title: Pauly Vadakkan v. Corporation of Cochin

Citation: 2022 LiveLaw (Ker) 283

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