You're building huge highways, but people are dying from lack of facilities: SC to Centre

You are constructing but people are dying there because of lack of facilities, the Supreme Court said on Monday as it pulled up the Centre over the delay in formulating a cashless scheme to treat motor accident victims.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan observed that despite the Court's 8 January order, the Centre had neither complied with the direction nor asked for an extension of the deadline.

The top court said though section 164A of the Motor Vehicles Act was brought into force on 1 April 2022 for a period of three years, the Centre did not implement it by framing the scheme for 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 will you 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 common man?” the bench asked.

“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 top court further questioned the secretary of the Union ministry of road transport further.

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 timely medical intervention will most likely prevent death.

The Court had summoned the official to explain the reasons for the delay in the scheme.

The secretary on Monday said a draft scheme was prepared but a roadblock was hit as the General Insurance Council (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 vehicle involved in an accident,” the secretary said.

The Court also recorded the submission that the scheme for golden hour will be brought into force within a week from Monday. The bench then directed for the notified scheme to be placed on record by 9 May and posted the matter on 13 May.

On 8 January, the Court directed the Centre to formulate the scheme for cashless medical treatment of motor accident victims in the golden hour period mandated under the law. The bench referred to section 162(2) of the Act, and ordered the government to provide by 14 March 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 financial concerns or procedural hurdles often cost lives. The Court also 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 MV Act, it said.

Despite the provision being in force since 1 April 2022, the government was yet to implement the scheme, prompting the court’s intervention.

The Centre had submitted a draft concept note outlining the proposed scheme, which included a maximum treatment cost of Rs 1.5 lakh and coverage for seven days.

However, these limitations were criticised by the petitioner’s counsel who argued they fell short of addressing the need for comprehensive care.

It also came on record that the GIC was tasked with administering hit-and-run compensation claims and developing a portal to streamline the process.

The portal is meant for uploading the required documents, inform states of deficiencies, and reduce delays in processing claims.

The top court had noted 921 claims under the hit-and-run compensation scheme remained pending as of 31 July, 2024, due to document deficiencies, and asked the GIC to coordinate with claimants and address the issue.