In a historic judgment on Wednesday (January 8, 2025), the Supreme Court directed the Central Government to formulate a policy concerning ‘cashless’ treatment for motor accident victims through the ‘golden hour’ interval specified in the legislation. This signifies that the sufferer must be given treatment inside one hour of the harm, in order that the hazard might be prevented.
A bench of Justices Abhay S Oka and Augustine George Masih cited Section 162(2) of the Motor Vehicles Act, 1988, and ordered the federal government to submit a policy by March 14 that would offer immediate medical care to accident victims. Can save the lives of many individuals. ‘Golden Hour’, as outlined below Section 2(12-A) of the Motor Vehicles Act, means the interval of one hour after a severe harm in which speedy medical intervention can avert the danger of loss of life.
The bench mentioned, ‘We direct the Central Government to formulate a policy in phrases of sub-section (2) of Section 162 of the Motor Vehicles Act as quickly as attainable and in any case, by March 14, 2025. No additional time can be given (in this regard). A duplicate of the policy has been directed to be positioned on file on or earlier than March 21 together with an affidavit from the involved officer of the Ministry of Road Transport and Highways stating the style of its implementation.
The court docket mentioned, ‘As is evident from the definition, the primary hour after severe harm in a motor accident is a very powerful. In many circumstances, if mandatory medical treatment just isn’t supplied throughout the ‘golden hour’, the injured might die. Section 162 is vital in the present situation, the place motor accident circumstances are repeatedly growing. Justice Oka, who wrote the judgment, underlined the significance of offering speedy medical care throughout this important interval and mentioned delays due to monetary considerations or procedural hurdles usually price lives.
The Supreme Court mentioned that it’s the statutory accountability of the Central Government to formulate a policy for ‘cashless’ treatment below Section 162 and the aim of this provision is to keep and shield the appropriate to life assured below Article 21 of the Constitution. The court docket mentioned, ‘When an individual will get injured in a motor accident, it’s attainable that his close to and expensive ones is probably not round. In such a scenario there is no such thing as a one to assist him. However, the injured individual ought to obtain mandatory medical treatment through the ‘golden hour’, as that is important for his survival. Every human being’s life is treasured. Despite this, we discover that due to numerous causes, mandatory treatment just isn’t acquired through the ‘golden hour’.
According to the bench, it’s mentioned that the hospital employees usually anticipate the arrival of the police and are apprehensive concerning the cost of the quantity spent on treatment, which might be excessive. The Supreme Court mentioned that due to this fact the legislation supplies for insurance coverage firms offering normal insurance coverage in India to present medical bills through the ‘golden hour’ for the treatment of road accident victims as per the policy made below the Motor Vehicles Act.
The bench underlined that this provision is relevant from April 1, 2022, but the federal government has not but carried out it, due to which the court docket had to intervene. The central authorities had submitted a draft idea observe outlining a proposed policy, which included a most treatment price of Rs 1.5 lakh and solely seven days of treatment. However, the counsel showing for the petitioner criticized these guidelines and argued that they fail to deal with the necessity for complete care.
The Supreme Court directed the Central Government to deal with these considerations whereas finalizing the policy. It highlighted in the judgment the existence of a Motor Vehicle Accident Fund arrange below Section 164-B, which can be utilized for ‘cashless’ treatment of accident victims. The court docket mentioned that the General Insurance Council (GIC) was entrusted with the duty of creating a portal to settle compensation claims in circumstances associated to ‘hit-and-run’ and to streamline the method.
The bench mentioned the portal will allow importing of required paperwork, informing states about deficiencies and lowering delays in cost of claims. The judgment mentioned that 921 claims below the ‘Hit-and-Run’ compensation scheme had been pending until July 31, 2024 due to lack of paperwork, therefore the GIC has been directed to coordinate with the claimants and resolve the problem. GIC has additionally been directed to expedite the event of the portal and submit the compliance report by March 14, 2025.
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