NEW DELHI: The Supreme Court on Wednesday directed the Centre to frame by March 14 a scheme for cashless medical treatment to motor accident victims in the “golden hour” mandated under law.
Defined under Section 2(12-A) of the Motor Vehicles Act, 1988, the ‘golden hour’ refers to a one-hour window following a traumatic injury under which a timely medical intervention would most likely save the victim.
Referring to Section 162(2) of the Act, a Bench of Justice AS Oka and Justice AG Masih ordered the government to come up with the scheme which could save numerous lives with prompt medical care to accident victims.
“We, therefore, direct the Central Government to make a scheme in terms of sub-section (2) of Section 162 of the MV Act as expeditiously as possible and, in any event, by March 14, 2025. No further time shall be granted,” it ordered.
The order came on a petition filed by Dr S Rajaseekaran, Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, highlighting high road accident deaths in India.
The court ordered the government to place a copy of the scheme on record on or before March 21, along with an affidavit of the officer concerned of the Ministry of Road Transport and Highways, explaining the manner of its implementation.
“As can be seen from the definition, the one hour following a traumatic injury suffered in a motor accident is the most crucial hour. In many cases, if required medical treatment is not provided within the golden hour, the injured may lose his life. Section 162 is crucial in the present scenario where motor accident cases are ever-increasing,” the court observed.
It will be the court’s opinion versus Parliament’s power to enact laws, the SC on Wednesday said as it deferred to February 4 the hearing on PILs challenging a law on appointment of the Chief Election Commissioner and Election Commissioners that replaced the CJI with a Union Cabinet Minister in the three-member selection panel.
“It will be the opinion of the court under Article 141 versus the legislative power (of Parliament) to enact laws,” a three-judge Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan said, adding it would examine whose views had supremacy.
Article 141 of the Constitution says a law declared by the SC is binding on all courts and authorities within India.
The court’s comment came after Prashant Bhushan, representing Association for Democratic Reforms, submitted that incumbent CEC Rajiv Kumar was set to superannuate on February 18, and a new CEC would be appointed under the new law, if it didn’t intervene.