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Roll out scheme for cashless treatment in accident cases: SC
The Supreme Court on Wednesday directed the Centre to implement a 2022 scheme for cashless treatment to motor vehicle accident victims during the “golden hour”, the first hour after the accident
The Supreme Court on Wednesday directed the Centre to implement a 2022 scheme for cashless treatment to motor vehicle accident victims during the “golden hour”, the first hour after the accident, and also asked General Insurance Council (GIC), the apex body of insurance companies, to set up a portal for expeditious processing of compensation claims for hit and run accident victims by March 14.
A bench headed by Justice Abhay S Oka said, “Every human life is precious. When a person gets injured in a motor accident, 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.”
The bench, also comprising Justice Augustine George Masih, said, “The provision made in Section 162 for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution. Moreover, it is a statutory obligation of the Central Government to frame the scheme.”
The court directed the scheme to be framed expeditiously and, in any event, by March 14, 2025, with a copy of the scheme to be tabled before the court before the next hearing on March 24.
The “golden hour” following a traumatic injury suffered in a motor accident is the most crucial hour, the bench said, adding that if medical treatment is not provided within this time, the injured may lose his/her life. In a scenario where accident cases are ever increasing, Section 162 becomes more crucial, the court added.
The court was dealing with two separate applications filed by advocate Kishan Chand Jain, who pointed out that despite there being a provision under Section 162 of the Motor Vehicles Act for cashless treatment of accident victims, introduced by the Parliament in April 2022, the same has not benefitted people as the Centre is yet to frame the scheme.
Jain also moved a separate application to expedite hit and run compensation claims. The government had framed the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 under Section 161 of MV Act which entitles victims of hit and run cases to seek monetary claim up to ₹2 lakh. Hit and run cases are those where the identity of the vehicle that caused the accident cannot be ascertained.
The court passed a slew of directions to expedite processing of these claims and directed the GIC to create a portal to ease the process of uploading relevant documents needed for this purpose. The court was informed that following the court order, between April 1, 2024 and August 31, 2024, 1,662 claimants received compensation under the scheme while 1,026 claims remain pending.
