Road accident victims should get cashless treatment immediately, SC said – government should make a plan

New Delhi: The Supreme Court has directed the Central Government to ensure immediate treatment of victims of road accidents. For this, a plan for cashless treatment should be made during the ‘golden hour’. The court said that arranging cashless treatment during the golden hour comes within the scope of the right to life under Article 21 of the Constitution. The Supreme Court has directed the central government to provide ‘golden hour’ to the victims of road accidents. Prepare a plan to ensure cashless treatment during the first hour after the accident (when prompt treatment can reduce mortality). The court has ordered to prepare and implement this plan by March 14, 2025. Justice A.S. A bench headed by Oka said that planning for cashless treatment during the golden hour not only protects the right to life under Article 21 of the Constitution, but is also a statutory obligation of the central government under Section 162 of the Motor Vehicles Act, 1988. Is also.

Provision to create fund in Motor Act
The court observed that under Section 2(12A) of the Motor Vehicles Act, the golden hour is the time when prompt medical attention is most likely to save lives. Section 162 of the Act provides that the Central Government should prepare a scheme in which cashless treatment and a fund (Motor Vehicle Accident Fund) should be created. Section 164B says that the Motor Vehicle Accident Fund is used to provide insurance coverage to road users and treatment of accident victims.

Center should reconsider old coverage: Court
The court said that despite Section 162 being implemented from April 1, 2022, the plan has not been prepared yet. The central government had introduced a draft of the scheme on April 5, 2024, which mentioned a maximum treatment of up to Rs 1,50,000 and coverage for up to seven days. The Supreme Court has asked to reconsider these limits.

The Supreme Court said only 205 claims were registered in 67,387 hit-and-run cases in 2022, of which 95 were settled. The court directed that it is mandatory for the police to inform the victims about the scheme. The court suggested increasing the compensation amount and increasing public awareness. Currently, in a hit-run case, there is a provision of Rs 2 lakh compensation in case of death and Rs 50 thousand compensation for the injured.

Insurance Council instructed to create digital portal
The Court directed the General Insurance Council (GIC) to develop a portal by March 14, 2025. This portal will help speed up the claim process and inform states about documentary deficiencies. The central government will have to prepare the draft of the plan by March 14, 2025 and submit it along with an affidavit to the Supreme Court by March 21, 2025. The next hearing of the case will be on March 24, 2025. This order was given by Dr. S. This was given on a petition filed by Rajsikaran, which has raised issues related to deaths and delayed treatment in road accidents.

The injured cannot be denied treatment: Expert
The Supreme Court has said in its earlier order that the injured cannot be refused treatment. Legal expert Gyanant Singh says that the first responsibility of any doctor and hospital is to treat the patient. Even if a patient or injured does not have money or there is a police case, treatment will have to be done first. There are many orders of the Supreme Court regarding this. There is also a recommendation from the Law Commission.

In 1989, the Supreme Court had ruled in the Parmanand Katara vs. Union of India case that if an injured person is brought to the hospital for treatment, he/she should be given immediate medical aid so that his/her life can be saved. Any legal process should be initiated later, treatment should be done first. Advocate Gyanant says that it is clear from the above provision in the judgment that no hospital or doctor can refuse treatment. If someone refuses treatment, a case of medical negligence will be filed against him/her.

Will people’s lives be saved?
The Law Commission, in its 201st report in 2006, had recommended that the government punish doctors and hospitals who refused to treat the injured in criminal cases. In the Law Commission report, it was said that the Supreme Court has said in many judgments that the injured should be treated first, because saving their lives is most important. Now the instructions are an important step to provide life saving medical facilities during the ‘golden hour’. With these decisions, the injured will be able to get timely treatment and their lives can be saved.