SC directs Centre to implement cashless treatment scheme for road accident victims ‘in true letter and spirit’

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The golden hour under Section 2 (12-A) of the Motor Vehicles Act, 1988 refers to a one-hour window following a traumatic injury under which a timely medical intervention will most likely prevent death.On January 8, the top court directed the Centre to formulate the scheme for the cashless medical treatment of motor accident victims in the golden hour period mandated under the law.The bench referred to Section 162(2) of the Act, and ordered the government to provide by March 14 the scheme which could save numerous lives with prompt medical care to accident victims.It underscored 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 top court also underlined the statutory obligation on the Centre to frame the scheme as it “sought to uphold and protect the right to life guaranteed by Article 21 of the Constitution.”The law, therefore, provides the insurance companies carrying on general insurance business in India to provide for the treatment of road accident victims, including during golden hour in accordance with the scheme made under the MV Act, it said.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 the proposed scheme, which included a maximum treatment cost of Rs 1.5 lakh and coverage for seven days.However, these limitations were criticised by the petitioner’s counsel who argued they fell short of addressing the need for comprehensive care.It also came on record that the GIC was tasked with administering hit-and-run compensation claims and developing a portal to streamline the process.The portal is meant for uploading the required documents, inform states of deficiencies, and reduce delays in processing claims.The top court noted 921 claims under the hit-and-run compensation scheme remained pending as of July 31, 2024, due to document deficiencies, and asked the GIC to coordinate with claimants and address the issue.



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