SC pulls up govt over delay in scheme for treating motor accident victims

New Delhi: You are constructing huge highways but people are dying there because of lack of facilities, the Supreme Court on Monday said as it pulled up the Centre over the delay in formulating a cashless scheme for treating motor accident victims.

A bench of Justices Abhay S Oka and Ujjal Bhuyan observed despite its January 8 order, the Centre neither complied with the direction nor did it ask for an extension of time.

The top court said though Section 164A of Motor Vehicles Act was brought into force on April 1, 2022 for a period of three years, the Centre did not implement it by framing the scheme for the 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 questioned the secretary of the 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 a timely medical intervention will most likely prevent death.

The top court had summoned the official to explain the reasons for the delay in the scheme. The secretary on Monday said a draft scheme was prepared but a roadblock was hit as the General Insurance Council (GIC) raised objections. “The GIC has not been cooperative. It has contended that it should be permitted to check the status of insurance policy of motor vehicle involved in an accident,” the secretary said.

The top 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 May 9 and posted the matter on May 13. 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.