In a significant judgment that reinforces the sanctity of human life, the Supreme Court of India directed the Central Government to urgently implement a scheme for cashless medical treatment of motor accident victims during the critical “golden hour.” The two-judge bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, delivered this order while hearing S. Rajaseekaran vs. Union of India & Ors. (Writ Petition (C) No. 295 of 2012).
This ruling shines a spotlight on the government’s failure to meet its statutory obligations under the Motor Vehicles Act, 1988, which mandates the provision of immediate medical care for accident victims. The court emphasized the importance of protecting the right to life under Article 21 of the Constitution, remarking, “Every human life is precious.”
The Case: A Long Wait for Justice
The petition was filed by road safety activist S. Rajaseekaran, seeking implementation of a scheme under Section 162 of the Motor Vehicles Act. This provision, introduced through the Motor Vehicles (Amendment) Act, 2019, requires the Central Government to establish a mechanism for cashless treatment of accident victims during the golden hour—the critical first hour following an injury when timely medical intervention can save lives.
Despite the provision coming into force on April 1, 2022, no such scheme has been implemented. While the Central Government created a Motor Vehicle Accident Fund under Section 164-B to finance such medical aid, the absence of an operational scheme has rendered the fund ineffective.
Legal Issues
1. Delay in Implementing the Scheme
The court questioned why the Central Government had not acted on its statutory obligation to provide cashless treatment for accident victims during the golden hour, despite ample time since the law’s enforcement.
2. Inadequacies in the Draft Concept Note
A draft concept note submitted by the government in 2024 proposed a seven-day treatment cap and a maximum expenditure of ₹1,50,000 per victim. The court found these measures inadequate, stating that they failed to fulfill the purpose of saving lives.
3. Utilization of Motor Vehicle Accident Fund
The court explored the underutilization of the fund created under Section 164-B and its potential to finance timely treatment for accident victims.
4. Pending Hit-and-Run Claims
The court examined delays in compensating victims of hit-and-run accidents, with 921 claims pending due to document deficiencies as of August 2024.
Key Observations by the Court
The court underscored the necessity of immediate medical aid for accident victims, noting that many deaths could be prevented if treatment is provided during the golden hour. It referenced the landmark 1989 judgment in Parmanand Katara vs. Union of India, which held that hospitals must prioritize saving lives over procedural requirements.
Justice Oka emphasized, “The provision for cashless treatment seeks to uphold and protect the right to life guaranteed by Article 21. Its implementation is not merely statutory but a moral obligation.”
The court also criticized the government for failing to act, stating, “More than reasonable time was available to frame the scheme, and its absence defeats the very purpose of the law.”
The Court’s Directions
1. Finalization of the Scheme
The government must finalize the scheme by March 14, 2025, ensuring it aligns with the objective of saving lives and addresses concerns raised about the draft concept note.
2. Submission and Affidavit
A copy of the scheme, along with an affidavit detailing its implementation strategy, must be submitted by March 21, 2025.
3. Resolution of Pending Claims
The General Insurance Council (GIC) was instructed to process hit-and-run compensation claims using a specified set of documents, while collaborating with state authorities to address deficiencies.
4. Digital Portal Development
GIC must expedite the creation of a digital portal to streamline claim submissions, track deficiencies, and enhance communication between claimants and states.
5. Oversight and Compliance
The case will be reviewed on March 24, 2025, with no further extensions granted for framing the scheme.
