"You are constructing huge highways but people are dying there because there is no facility," the Supreme Court said on Monday as it pulled up the Union government over a delay in formulating a cashless scheme for treating motor accident victims.
"Can you be so casual? Are you not serious about this provision? People are dying in road accidents. There is no scheme for golden hour treatment. What is the use of constructing so many highways?" a bench of Justices Abhay S Oka and Ujjal Bhuyan told the secretary of the Ministry of Road Transport.
On January 8, the Supreme Court had 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. 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 bench referred to Section 162(2) of the Act, and ordered the government to provide by March 14 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 a financial crunch or procedural hurdles often cost lives.
In the absence of any response, the court had summoned the Ministry of Road Transport.
secretary to explain the reasons for the delay in the scheme. The bench observed that 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 you will 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 the common man?" the bench said.
The ministry's counsel said it is making all efforts to address challenges that have been identified and are critical for the smooth rollout and implementation of the cashless scheme.
"You have to start somewhere, you can go on improving the scheme," Justice Oka said.
The secretary said a draft scheme was prepared but a roadblock was hit as the 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 vehicles involved in an accident," the secretary said.
The top court also recorded the submission that the scheme for the golden hour will be brought into force within a week from Monday. It then directed for the notified scheme to be placed on record by May 9 and posted the matter for May 13.
The top court 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 Motor Vehicles Act, it said.
The bench also noted that 921 claims under the hit-and-run compensation scheme remained pending as of July 31, 2024, due to document deficiencies, and asked the GIC to coordinate with claimants and address the issue.
(With PTI inputs)
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