"Only When We Summon...": Top Court On Emergency Aid In Road Accident Cases

The Supreme Court on Wednesday reprimanded the centre for failing to implement a cashless medical treatment plan that includes access to emergency aid during the 'golden hour' - i.e., the critical first 60 minutes after a person suffers severe trauma - for road accident survivors.

The court had ordered the cashless treatment scheme be implemented by March 14.

"Time granted to the government expired on March 14... this is a very serious breach and violation of an order of this court and failure to implement a very beneficial provision..."

Senior officials, including the Secretary of the Road Transport and Highways Ministry, were summoned by an irate top court. They are to appear on April 28 to "explain the default..."

"It has been our long experience... only when we get top government officials here do they take the orders of the court seriously. Otherwise they won't take it..." Justice Abhay S Oka said.

"We are making it very clear... we will issue notice of contempt if we find that no progress is made. People are losing their lives because there is no treatment..." he said sternly.

In January the court had directed the centre to immediately frame a scheme for emergency medical aid for road accident survivors, particularly in 'golden hour' cases and in those where family or close friends may not be available to help pay for life-saving treatments.

The bench led by Justice Oka noted that bystanders, the police, and even the hospitals sometimes wait for the other to take the initiative, particularly in cases where the treatment costs a lot of money. This practice, the court, said puts people's lives at risk.

The court also noted that Section 162(2) of the amended Motor Vehicles Act included a mandate to insurance companies to provide cashless emergency medical treatment of road accident survivors, and noted that this had not been implemented.

Plans for cashless medical treatment for road accident survivors, particularly during the 'golden hour' had first been floated by the centre in December 2023.