Supreme Court on 6th January asked Central Government to formulate a cashless medical treatment scheme for motor accident victims during the critical “golden hour” by March 14, 2025.
A bench of Justices Abhay S Oka and Augustine George Masih referred to Section 162(2) of the Motor Vehicle Act, 1988 and ordered the government the scheme which could save numerous lives with immediate medical care to accident victims.
The golden hour is defined under Section 2 (12-A) as the one-hour-window following a traumatic injury under which a timely medical intervention will most likely prevent death of the victim.
“We, therefore, direct the Central government to make scheme in terms of sub-section (2) of Section 162 of the Motor Vehicle Act as soon as possible by the March 14, 2025, No further time shall be granted”, HC 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.
Court also observed, “That the most of the motor accident cases proper treatment is not provided within the golden Hour. Section 162 is crucial in the present scenario where motor accident cases are ever increasing”.
Justice Oka who authored the verdict, said delays in golden hour can claim lives by financial concerns or procedural hurdles.
The court emphasized the Centre’s statutory duty to create a scheme under Section 162 for cashless treatment, stating that the provision is intended to safeguard the right to life guaranteed by Article 21 of the Constitution.
The judgment further noted, “An injured person may be alone, with no one nearby to offer assistance. However, it is crucial that the person receives timely medical care during the ‘golden hour’ for survival. Every human life holds immense value, yet it is often observed that necessary treatment in this critical period is denied for various reasons.”
The Court directed the Centre to address these concerns while finalising the scheme.
This intervention comes up despite the provision being in force since April 1, 2022, the centre was yet to implement the scheme.
The judgment noted the existence of a MV Accident Fund, established under Section 16-B, which can be utilised for the cashless treatment for the accident victims.
