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SC slams Centre over delay in cashless treatment scheme for road accident victims

SC slams Centre over delay in cashless treatment scheme for road accident victims

New Delhi, Apr 28 (UNI) The Supreme Court on Monday came down heavily on the Centre for the delay in implementing a cashless treatment scheme for motor accident victims, questioning the government's seriousness towards the welfare of the common man.

"You are constructing huge highways, but people are dying there because of lack of facilities," the Court observed.

A bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, expressed displeasure that despite its January eight order, the Centre had neither complied with the directive nor sought an extension of time.

The Court noted that although Section 164A of the Motor Vehicles Act, which mandates interim relief to accident victims, came into force on April one, 2022, the government had not yet framed the necessary scheme.

"You are in contempt. You have not bothered to seek extension of time. What is this going on? You tell us when will you frame the scheme? You don't care for your own statutes. This is one of the welfare provisions. Three years have passed since this provision came into place. Are you really working for the welfare of the common man?" the bench asked sharply.

Questioning the Ministry of Road Transport further, the Court remarked, "Can you be so casual? Are you not serious about this provision? People are dying in road accidents. You are constructing huge highways, but there is no facility for timely treatment. There is no scheme for golden hour treatment. What is the use of constructing so many highways?"

The golden hour, as defined under Section 2(12-A) of the Motor Vehicles Act, 1988, refers to the critical one-hour period following a traumatic injury when timely medical intervention can save lives.

Summoning the Secretary of the Ministry of Road Transport, the Court sought an explanation for the delay. The Secretary informed the bench that although a draft scheme was prepared, progress was stalled due to objections raised by the General Insurance Council (GIC), which insisted on verifying insurance policy details before proceeding with treatment.

Recording the Centre’s submission, the Court noted that the scheme would be notified within a week and directed that it be placed on record by May nine.

The matter has been posted for further hearing on May 13.

Earlier, on January eight, the Apex Court had directed the Centre to formulate a scheme to provide cashless medical treatment to motor accident victims during the golden hour period.

Referring to Section 162(2) of the Motor Vehicles Act, the Court had emphasized that delays caused by financial or procedural hurdles often cost precious lives and that the Centre had a statutory obligation to frame the scheme to protect the Right to Life under Article 21 of the Constitution.

The Court also pointed out that despite the law being in force since April one, 2022, the government had failed to implement the scheme. Although the Centre had submitted a draft concept proposing a maximum treatment cost of Rs 1.5 lakh and coverage for seven days, the petitioner’s counsel criticised it as inadequate for providing comprehensive care.

Additionally, the Court noted that the GIC, tasked with handling hit-and-run compensation claims and creating an online portal to streamline the claims process, had yet to resolve 921 pending claims as of July 31, 2024, due to deficiencies in documentation.

The Court directed the GIC to coordinate with claimants and address these issues promptly.

UNI SNG SS

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