Additional Solicitor General Vikramjit Banerjee appearing for for the Centre submitted that the GI Council was not cooperating. He informed the Court that the GI Council wanted to check the status of insurance policies of the victim before releasing funds and had taken a stand that that it should be responsible for making final payments instead of the State Health Agency (SHA)
The Government, however, was of the view that the SHA was better suited to handle payments.
New Delhi: The government on Monday assured the Supreme Court(SC) that a scheme for cashless treatment of road accident victims during the “golden hour” would be in place within a week.
A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan, was hearing the case pertaining to the government’s non-implementation of a scheme for cashless treatment of road accident victims during the “golden hour” .
The Court also recorded the submission that the scheme for golden hour will be brought into force within a week from Monday. The bench then directed for the notified scheme to be placed on record by 9 May and posted the matter on 13 May for compliance.
V Umashankar, secretary, Ministry of Road Transport and Highways(MoRTH), who appeared before the bench virtually after earlier being summoned by the Court with a contempt of Court notice, clarified that though a draft scheme was prepared by the government but it was hit by roadblock as the General Insurance Council, the official representative body of domestic re/insurers, raised its objections for the plans.
Additional Solicitor General Vikramjit Banerjee appearing for the Centre submitted that GI Council was not cooperating. He explained before the Court that GI Council wanted to check the status of insurance policies of the victim before releasing funds and had taken a stand that that it should be responsible for making final payments instead of the State Health Agency (SHA).
The Government, however, was of the view that the SHA was better suited to handle payments.
When the Secretary said that under the Act, the management of the scheme had to be entrusted to an authority designated by the Central Government, Justice Oka pointed out that another agency could be appointed if GI Council was not cooperating.
The Secretary assured the Court that they would do so.
The Court observed that despite the Court’s 8 January order, the Centre had neither complied with the direction nor asked for an extension of the deadline.
`You are constructing huge highways but people are dying there because of lack of facilities, the Court said on Monday as it pulled up the Centre over the delay in formulating a cashless scheme to treat motor accident victims.
The top court said though section 164A of the Motor Vehicles Act was brought into force on 1 April 2022 for a period of three years, the Centre did not implement it by framing the scheme for interim relief to claimants.
“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 (since) this provision has come into place. Are you really working for the welfare of common man?” the bench asked.
“Can you be so casual? Are you not serious about this provision? People are dying in road accidents. You are constructing huge highways but people are dying there because there is no facility. There is no scheme for golden hour treatment. What is the use of constructing so many highways?” the top court further questioned the secretary of the Union ministry of road transport further.
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 timely medical intervention will most likely prevent death.
On 8 January, the Court had directed the Centre to formulate the scheme for 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 14 March 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 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 1 April 2022, the government was yet to implement the scheme, prompting the court’s intervention.