S. RAJASEEKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, we are dealing with the issue of cashless treatment for the victims of motor vehicle accidents. Sec. 162 of the Motor Vehicles Act, 1988 (for short, 'the MV Act') was brought into force from 1/4/2022. Sec. 162 reads thus:

(2.) In 1989, in the case of Parmanand Katara v. Union of India and Ors,(1989) 4 SCC 286 this Court observed that every injured citizen brought for medical treatment to a hospital should be instantaneously given medical aid to preserve life. Thereafter, the procedural criminal law should be allowed to operate in order to avoid death.

(3.) When a person gets injured in a motor accident, his near and dear ones may not be around. Therefore, there is no one to help him. However, the injured person must receive the required medical treatment in the golden hour, since it is essential for his survival. Every human life is precious. Despite this, we find that the treatment needed in the golden hour is denied due to various reasons. The hospital authorities sometimes wait till the arrival of the police. They are always worried about the payment of charges for the treatment, which in a given case can be on higher side. That is a reason why Sub-Sec. (1) of Sec. 162, which starts with a non-obstante clause, provides that the insurance companies carrying on general insurance business in India shall provide for the treatment of road accident victims, including during golden hour in accordance with the scheme made under the MV Act.