Accident victim's kin to seek police commissioner's help to strengthen negligence case against highway authority
Accident victim's kin to seek police commissioner's help to strengthen negligence case against highway authority
Even as the family of Balu Shinde comes to terms with his untimely death, it is struggling in its fight for justice. On July 18, Shinde met with an accident on the Mumbai-Bangalore National Highway near Chandani Chowk. The local Hinjewadi police are still reluctant to file a case of death due to negligence against the National Highwayu00a0 Authority of India (NHAI).
Too late for him: MiD DAY had reported on Aug 2, 2011, that accident
victim Balu Shinde'su00a0kin wanted to file a case againstu00a0 NHAI for negligence
leading to death
MiD DAY had reported on the accident which was caused because of poor maintenance of the road. Shinde's brother Popat has been running from pillar to post in a bid to file a case against the NHAI but has been unable to do so.
The pothole that killed Shinde was filled with tar and asphalt by the NHAI
15 days later. Pic/ Krunal Gosavi
The pothole on the Mumbai-Bangalore National Highway which was filled up with soil and bricks by the police as a temporary solution has now been filled up by the NHAI after MiD DAY reported the news on August 2. The locals from Bavdhan village said that the highway maintenance people came and filled up the pothole with tar and then gave it a covering of asphalt. The villagers said the pothole was officially filled up by the NHAI about 15 days after the mishap. "It could have saved the life of the victim, if it was properly filled up on time," said a villager.
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The only eye-witness to the fatal accident was Ismail Pathan, pillion rider on the bike. Pathan, who was also injured, has now come forward and filed an affidavit on August 1, stating that the accident occurred only because Shinde tried to avoid the pothole close to Geneva Housing Society near Chandani Chowk on the highway.
"Before going to the court the city police should file an FIR which they have blatantly refused. Therefore, I went to the office of the Commissioner of Police and submitted the copy with the main counter. I hope to get proper justice from the police so that the case becomes stronger in the court," Popat said. "To keep the road potholes-free is the prime duty of NHAI as they charge toll from the commuters. But they have failed to do so and my brother lost his life."
Vivek Velankar, an RTI Activist who is supporting Popat, said: "This is grave injustice and the police should file a case against the NHAI and investigate accordingly. They should also file 304 of IPC (accidental death due to negligence) against the NHAI in this case. I am pursuing the issue and will meet the city police commissioner if the case is not registered. We are also consulting lawyers to strengthen the case."
The Other Side
Senior Police Inspector Ganpat Madgulkar of the Hinjewadi police station, said: "We have already filed a case under section 304 (A) of IPC against the unknown white-coloured tanker. Filing a case against NHAI is not possible because it does not come under my jurisdiction; I need to conduct a proper inquiry about the incident and then only can take further action. I would also like to meet the victim's brother and discuss the issue once again."
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