Today, On 28th April, The Supreme Court slammed the Centre, stating, “You are constructing huge highways, but people are dying due to lack of facilities.” The Court criticized the insufficient infrastructure and called for urgent measures to improve safety and amenities.
New Delhi: The Supreme Court expressed its concern on Monday regarding the fatalities occurring on newly constructed highways due to insufficient facilities. The court criticized the Centre for the delay in establishing a cashless scheme aimed at treating victims of motor accidents.
Justices Abhay S Oka and Ujjal Bhuyan noted that despite the court’s order on January 8, the Centre neither complied with the directive nor requested an extension.
The court highlighted that although Section 164A of the Motor Vehicles Act came into effect on April 1, 2022, for a duration of three years, the Centre has failed to implement it by developing a scheme for interim relief for claimants.
The bench inquired,
“You are in contempt. You have not bothered to seek an 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 this provision has come into place. Are you really working for the welfare of the common man?”
The Supreme Court further questioned the secretary of the Ministry of Road Transport,
“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 golden hour, as defined in Section 2 of the Motor Vehicles Act, 1988, refers to the critical one-hour period following a traumatic injury during which timely medical intervention is most likely to save a life.
The Supreme Court had summoned the official to clarify the reasons for the delay in implementing the scheme.
On Monday, the secretary stated that while a draft scheme had been prepared, progress was stalled due to objections raised by the General Insurance Council.
The secretary stated,
“The GIC has not been cooperative. It has contended that it should be permitted to check the status of the insurance policy of the motor vehicle involved in an accident,”
The Supreme Court also noted that the scheme for the golden hour will be implemented within a week from Monday.
The bench then instructed that the finalized scheme be submitted by May 9 and scheduled the next hearing for May 13.
The Supreme Court, On January 8, had ordered the Centre to develop a scheme for cashless medical treatment of motor accident victims during the golden hour, as required by law.
The bench referenced Section 162 of the Act and mandated the government to provide the scheme by March 14, emphasizing that it could save many lives through prompt medical assistance for accident victims. It highlighted the critical need for immediate medical care during this crucial time, stating that delays due to financial issues or procedural obstacles often result in loss of life.
The Supreme Court also emphasized the statutory responsibility of the Centre to create the scheme, as it “sought to uphold and protect the right to life guaranteed by Article 21 of the Constitution.”
It stated,
“The law mandates that insurance companies engaged in general insurance in India provide treatment for road accident victims, including during the golden hour, in accordance with the scheme established under the Motor Vehicles Act.”
Despite this provision being effective since April 1, 2022, the government has yet to implement the scheme, leading to the court’s intervention. The Centre had presented a draft concept note detailing the proposed scheme, which included a maximum treatment cost of Rs.1.5 lakh and coverage for a duration of seven days.
However, these limitations were criticized by the petitioner’s counsel, who argued that they did not adequately meet the need for comprehensive care.
It was also noted that the General Insurance Council (GIC) was responsible for managing hit-and-run compensation claims and creating a portal to facilitate the process.
This portal is intended for uploading necessary documents, notifying states of any deficiencies, and minimizing delays in claim processing.
The Supreme Court observed that as of July 31, 2024, there were 921 pending claims under the hit-and-run compensation scheme due to document deficiencies, and directed the GIC to collaborate with claimants to resolve the issue.
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