NEW DELHI: Reminding the Centre of its statutory obligation, the Supreme Court on Wednesday directed the central government to frame a scheme under Motor Vehicle Act, as expeditiously as possible and, in any event, by March 14, 2025, for providing cashless treatment to injured road accident victims in golden hour.
A bench of Justices Abhay S Oka and Augustine George Masih clarified to the Centre that no further time would be granted for the purpose.
Supreme Court’s Directive on Cashless Treatment Scheme Under Motor Vehicle Act
"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 said.
Acting on a plea by S Rajaseekaran, the court noted more than reasonable time was available to the central government to frame the scheme under Sub-Section (2) of Section 162. However, the scheme has not seen light of the day, the court said. The scheme is to be implemented by insurers as provided by SubSection (1) of Section 162.
Centre Gets Deadline to Ensure Golden Hour Care for Accident Victims
"Once the scheme is framed and its implementation starts, it will save the lives of several injured persons who succumb to injury simply because they do not receive requisite medical treatment during the golden hour," the bench said.
The court directed a copy of the scheme should be placed on record on or before March 21, 2025, together with an affidavit of the concerned officer of the Ministry of Road Transport and Highways explaining the manner in which the scheme will be implemented.
In its submission, the central government has placed on record a draft concept note prepared by the Ministry of Road Transport and Highways.
A counsel for the applicant, however, expressed several concerns about the contents of the concept note. He pointed out that the concept note provides for payments of a maximum amount of Rs 1,50,000 under the scheme. He claimed, it stated that under the scheme, treatment will be given for only seven days.
"We find that these two concerns must be addressed while framing the scheme. The scheme must be such that it serves the object of saving lives by providing immediate medical treatment in the golden hour," the bench said.
The court listed the matter for further consideration on March 24.
