National Highways Authority Of India [NHAI] — My Major Car Accident on Majigam Chikli Bridge on 21st August 2021 at 2 PM

Address:	Mumbai
Website:	www.irb.co.in

It is with deep regret that I wish to inform you of the negligence on the part of IRB Infrastructure Developers Ltd. I am resident of Pune, who was travelling between Surat and Pune on the afternoon of 21st August, 2021 when i met with a major car accident due to below par construction on Majigam Chikhli Bridge, Navsari. My car lost balance due to a big pothole right in the middle of an overbridge constructed by IRB, hitting the divider and the car flipping 360 degrees twice.

I have been in massive physical pain and in mental trauma ever since then. I have suffered financial loss to the tune of 2 Lakh rupees due to sheer negligence with regards to the below par construction. I have duly paid all tolls for which IRB collects money to construct roads and make profits. Me and my friend travelling in the car could have died on spot had it not been for the seatbelts.

What is disturbing is that, after meeting with this accident, a truck suddenly comes to fill the pothole, but doesn’t come to check our well being. Attaching videos of the same. Things could easily have been saved had it been for proper maintenance for the tolls being charged. My family is only dependent on me and suffering a loss to the tune of 2 lakh rupees is a massive thing for me. I am looking to hear back from you guys on seeking financial help for the negligence on part of IRB Developers before taking this to the consumer court for redressal.

IRB’s toll operations and grievienaces team responded to me this morning stating that I was negligent and had not been following driving norms and they would not cater to my request for redress so - what they mean was that local villagers told them the car was no over speeding. I’ve never had a challan against me. I had a BS6 car which has seat belts and speed alarms. I would like to clarify that there is no passage for anyone to walk on the bridge and their response was mainly on assumptions or to not acknowledge the below par quality of roads. They blame the rains for potholes and say that they follow the procedures. Their own patrolling team arrived at the accident scene two hours after the accident had occurred to clear the road and did mention about previous accidents taken place during the preceding 15 days due to the similar pothole.

Had I been negligent while driving I would died myself, or hit a vehicle passing on a busy state highway or the villagers they referred to witnessing the accident. There was no standing person on the bridge who actually witnessed me over speeding unless they were 50 ft in the air to have a clear view and judgement of the accident. There is not a space for anyone to walk on the bridge.

Attaching two images of the accident they sent me as per their investigation where the car is in a standing position. You can clearly see no place for anyone to walk and no villagers or locals are to have been witnessing the accident. Accident had happened on a bridge 40-50 ft high over ground level. Also pasting below my email communication with them from this morning on the same matter. I’ve highlighted “my response” to their points for your perusal.

“Dear Sir,

We are in receipt of your email dtd: 02.09.21 relating to damages caused to your vehicle on Surat Mumbai Highway.

At the outset, we sincerely regret the inconvenience caused to you. We hereby inform that the matter has been investigated by us and we would like to clarify as under :

IRB - 1. Due to continuous rains minor potholes may have developed but the same has been immediately repaired and filled as per the procedure, with bituminous mix for free flow traffic.

My response - First of all, minor potholes are an understatement and shows lack of commitment on IRB's part. We are talking about life and death here, and had it been immediately repaired, accident would have never happened. The villagers you refer to in your email (though the accident happened on a bridge with no visible spectators at the very moment of the accident. I don't think people spectate roads on bridges) also informed of multiple accidents including two wheelers in the preceding 15 days before the accident. It is rather insensitive on your part to be stating so. Crowd had only gather 2-5 minutes after the accident happened. Car doesn't flip upside down as a result of minor pothole.


IRB - 2. The accident occurred on 21st August 2021 due to over speeding and losing control on the vehicle. The same has been informed to us by the local villagers who has witnessed the accident.

My response - Again the local villagers you refer to here were not present at the point or time of accident. It is hard to believe the response as there is no passage or space for anyone to walk over a bridge.

IRB - 3. we also wish to state that the patrolling team attended the accident (photos enclosed) and assisted the accident victims / incurred and the vehicles.

My response - The photos you are sharing are from 2 hours after the accident. the car was not in a standing position as your photos showcase, and the very patrolling team you refer to here acknowledged the negligence on the below par quality of roads and multiple accidents that had happened due to the similar pothole and that the below par quality had been persisting ever since the construction of the bridge. Does this mean that because rains are forever going to persist, so there are going to be potholes right throughout?

IRB - In view of the above, it is clear that, the accident occurred due to your negligence and not following driving norms. Hence, we are not liable to pay any compensation to you for the alleged accident.

My response - It is very very insensitive on your part to be stating negligence here. It is an irony that potholes can exist with blame on rains, but the moment accident happens - it happened because the person was speeding. I was within the 60-80 speed limit. My car had a speed alarm at 80 and the car had a 1.2 cc engine. Speeding is just an assumption being used here. It is just that whatever accidents happen - response is always going to be "the car was speeding" if one doesn't want to own up to the error committed.

Neither the patrolling team was there at the point and time of accident, nor the villagers. These are mere assumptions made by the public passing by or the locals who had come after the accident had taken place. Had it been negligence on my part i would have died myself or hit a vehicle passing by or the villagers you refer to here witnessing the accident on the bridge. Do you really think there were no cars passing by and how come i didn't hit anyone at all on such a busy state highway? The car doesn't just flip upside down on a state highway. Don't be so insensitive. What driving norms are you referring to?

On top of the responses. Please look into your own photos (Photos with IRB’s crane in it) that you have shared and tell me the space for the villagers to walk on the bridge from where they were witnessing the accident? I am sorry being for insensitive here, but i am disappointed with your response on calling me negligent. There has never been an overspeeding challan on my name till date. Villagers must be in the air waiting for the accident to happen. That could be the only logical explanation here even if we were to go by the photos you yourself have shared.

The job of the patrolling team is to report on the accident, they surely did but two hours after the accident and as per what people told them”

Dear customer care team at NHAI,

I’m seeking your help in seeking redressall from the company, instead of owning up to the mistake they are blaming me for being negligent and blaming the rains for the potholes - which construction company says that when they are charging so much money on tolls on a daily basis and making money.

Please help me here.