sc reprimanded the center for the delay in the cashless treatment scheme in case of accident

Years

The bench cited Section 162 (2) of the Motor Vehicles Act, 1988 and ordered the government to provide the scheme by 14 March. The golden hour defined under Section 2 (12-A) of the Act refers to a period of one hour after a painful injury, under which timely medical intervention can prevent death.

The Supreme Court reprimanded the Center for delay in implementing the cashless medical treatment scheme for motor accident victims. The apex court summoned the secretary of the Ministry of Road Transport to clarify the situation. A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan expressed dissatisfaction, saying that the Center has failed to follow the court order since January 8. The bench said that the time given has ended on March 15, 2025. This is not only a serious violation of the orders of this court, but also a violation of implementing a very beneficial law. We instruct the Secretary of the Ministry of Road Transport and Highways to appear on video-conferencing and explain why the instructions of this court were not followed.

The Supreme Court emphasized the seriousness of the case and said that when top government officials are called here, they take the court orders seriously. Additional Solicitor General Vikramjit Banerjee, who is representing the Center, cited hurdles for the delay. However, the bench replied that this is your own law and people are losing their lives due to lack of cashless treatment. This is for the benefit of common people. We are giving you notice, and we will take action under contempt. The court further asked Banerjee to call your secretary and ask for clarification. The court directed the officer to appear on 28 April and clarify. Additionally, the bench directed the Secretary of Transport Department to issue written instructions to all District Magistrates to upload the claims of unknown hit-and-run cases on the General Insurance Council (GIC) portal. The court had earlier directed the Center to implement the Cashless Medical Treatment Scheme for motor accident victims during the important Golden Over period as per law on 8 January.

The bench cited Section 162 (2) of the Motor Vehicles Act, 1988 and ordered the government to provide the scheme by 14 March. The golden hour defined under Section 2 (12-A) of the Act refers to a period of one hour after a painful injury, under which timely medical intervention can prevent death. The court emphasized the important need for immediate medical care during the golden hour, which highlighted that the delay caused by financial or procedural obstacles often leads to life. It emphasized the statutory duties of the Center to set up a plan for cashless treatment under Section 162, given that this provision is to protect the right to guaranteed life by Article 21 of the Constitution.

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