In a landmark verdict, the Supreme Court on
Wednesday directed the Centre to formulate a scheme for cashless medical
treatment to motor accident victims in the "golden hour" period
mandated under law.
A bench of Justices Abhay S Oka and Augustine George
Masih referred to Section 162(2) of the Motor Vehicles Act, 1988, and ordered
the government to provide by March 14 the scheme which could save numerous
lives with prompt medical care to accident victims.
The golden hour, defined under Section 2(12-A) of
the Act, refers to a one-hour window following a traumatic injury under which a
timely medical intervention will most likely prevent death.
"We, therefore, direct the Central government
to make a scheme in terms of sub-section (2) of Section 162 of the MV Act as
expeditiously as possible and, in any event, by March 14, 2025. No further time
shall be granted, it ordered.
A copy of the scheme was directed to be placed on
record on or before March 21, along with an affidavit of the officer concerned
of the Ministry of Road Transport and Highways explaining the manner of its
implementation.
"As can be seen from the definition, the one
hour following a traumatic injury suffered in a motor accident is the most
crucial hour. In many cases, if required medical treatment is not provided
within the golden hour, the injured may lose his life. Section 162 is crucial
in the present scenario where motor accident cases are ever-increasing, the
court observed.
Justice Oka, who authored the verdict, underscored
the importance of providing immediate medical care during the critical period
and said delays caused by financial concerns or procedural hurdles often cost
lives.
The court further underlined the statutory
obligation on the Centre to frame a scheme under Section 162 for cashless
treatment and said the provision sought to uphold and protect the right to life
guaranteed by Article 21 of the Constitution.
"When a person gets injured in a motor
accident," the verdict said, "his near and dear ones may not be
around. Therefore, there is no one to help him. However, the injured person
must receive the required medical treatment in the golden hour, since it is
essential for his survival. Every human life is precious. Despite this, we find
that the treatment needed in the golden hour is denied due to various reasons." The
hospital authorities were said to often wait for the police to arrive and worry
over the payment of treatment charges that could be on the higher side.
The law therefore provides the insurance companies
carrying on general insurance business in India to provide for the treatment of
road accident victims, including during golden hour in accordance with the
scheme made under the MV Act, it said.
It was noted despite the provision being in force
since April 1, 2022, the government was yet to implement the scheme, prompting
the court's intervention.
The Centre had submitted a draft concept note
outlining a proposed scheme, which included a maximum treatment cost of Rs 1.5
lakh and coverage for only seven days.
However, these limitations were criticised by
counsel representing the petitioner, who argued they fell short of addressing
the need for comprehensive care.
The court directed the Centre to address these concerns
while finalising the scheme.
The judgment noted the existence of a Motor Vehicle
Accident Fund, established under Section 164-B, which can be utilised for the
cashless treatment of accident victims.
The General Insurance Council (GIC) was tasked with
administering hit-and-run compensation claims and developing a portal to
streamline the process, it said.
The portal would enable the upload of required
documents, inform states of deficiencies, and reduce delays in processing
claims.
The order said 921 claims under the hit-and-run
compensation scheme remained pending as of July 31, 2024, due to document
deficiencies. It therefore directed the GIC to coordinate with claimants and
address the issue.
The GIC was further instructed to expedite the
development of the portal and report compliance by March 14, 2025.