Frame policy on cashless treatment for motor accident victims, SC to Centre
The Supreme Court on Wednesday directed the Centre to frame by March 14 a scheme for cashless medical treatment to motor accident victims in the "golden hour" mandated under law.
Defined under Section 2(12-A) of the Motor Vehicles Act, 1988, the ‘golden hour’ refers to a one-hour window following a traumatic injury under which a timely medical intervention would most likely save the victim.
Referring to Section 162(2) of the Act, a Bench of Justice AS Oka and Justice AG Masih ordered the government to come up with the scheme which could save numerous lives with prompt medical care to accident victims.
"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.
The order came on a petition filed by Dr S Rajaseekaran, Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, highlighting high road accident deaths in India.
The court ordered the government to place a copy of the scheme 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.
Writing the judgment for the Bench, Justice Oka underlined 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 said it was 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.
It was noted that 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.
