India is an unfortunate victim of a large number of road crash fatalities. As per reports, road crashes claim more than 2,00,000 lives in India out of which nearly 50% victims succumb to the injuries because they don't receive immediate medical attention within the Golden hour. We repeatedly come across instances of road mishaps where victims sustain injuries and at times, the...
India is an unfortunate victim of a large number of road crash fatalities. As per reports, road crashes claim more than 2,00,000 lives in India out of which nearly 50% victims succumb to the injuries because they don't receive immediate medical attention within the Golden hour. We repeatedly come across instances of road mishaps where victims sustain injuries and at times, the victim succumbs to injuries. There are many instances where the driver of the vehicle responsible for the incident flees from the spot abandoning the injured victim leading to the loss of the golden hour which has a larger probability of saving the injured person's life. The golden hour refers to the first 60 minutes following any injury or trauma. In case of severely injured victims, this is the time after which the chances of morbidity and mortality significantly increase.
The term Golden hour is widely attributed to R.Adams Cowley founder of Baltimore's renowned Shock Trauma Institute, who in a 1975 article stated, "the first hour after injury will largely determine a critically injured person's chances for survival" – this was in an era characterised by a lack of an organised trauma system and inadequate prehospital care.
SCHEME FOR CASHLESS TREATMENT OF THE ACCIDENT VICTIM DURING THE GOLDEN HOUR
Section 162 of Motor Vehicles (Amendment) Act, 2019 provides a scheme for golden hour which lays down that the Insurance companies for the time being carrying on general insurance business in India shall provide in accordance with provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour. The central government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment.
The State Cabinet in Maharashtra has recently approved the "Late Balasaheb Thackeray Accident Insurance Scheme" which promises golden hour treatment to road accident victims who will be entitled to a maximum benefit of upto Rs. 30,000 for 72 hours hospital stay within the state. As per the scheme, any person irrespective of whether he/she is from Maharashtra or from another state or country can avail the benefit of the scheme if the road accident takes places within the limits of the state of Maharashtra. Free treatment will be provided to the road accident victim in nearby hospitals for the first 72 hours. However, the said benefit is not applicable for injuries sustained in any other accident such as industrial mishaps, train accidents or accidents which take place at home. The intention is to save the lives and bring down the fatality rate of road accidents by making treatment available immediately. This scheme was originally announced by the then public health minister Deepak Sawant during the previous Devendra Fadnavis government but it got stuck due to paucity of funds.
DUTY OF DRIVER OF MOTOR VEHICLE CAUSING INJURIES TO PERSON
When a person is injured in case of an Accident by a motor vehicle, it is the incumbent duty of the driver or any other person in charge of the motor vehicle to take all reasonable steps to secure medical attention for the injured person by conveying him to the nearest medical practitioner or hospital. The driver may be excused from doing so if it is not practicable to do so on account of mob fury or any other reason beyond his control or if the injured person or his guardian doesn't desire to go to the hospital.
When demanded by the police officer, the driver is bound to give any information required by him. Suppose if no police officer is present, then the Driver or any other person in charge of the vehicle must report the circumstances of the occurrence and in case, he has not taken any reasonable steps to secure medical attention as is required, then he must also report the circumstance if any, for not doing so at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence.
The Driver or any other person in charge of the vehicle are bound to give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:---
(i) insurance policy number and period of its validity;
(ii) date, time and place of accident;
(iii) particulars of the persons injured or killed in the accident;
(iv) name of the driver and the particulars of his driving licence.
For the purposes of this law, the expression driver includes the owner of the vehicle.
MANDATORY DUTY OF DOCTOR TO PROVIDE FIRST AID TO ACCIDENT VICTIM
It is the mandatory duty of the doctor on duty in the hospital to immediately attend to the injured person and render medical aid or treatment without waiting for any procedural formalities. The treatment of the patients should not wait for the arrival of the police or completion of legal formalities.
The Supreme Court had long back stressed in case of Pt. Parmanand Katara vs Union of India observed that every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death. There is no legal impediment for a medical professional when he is called upon and requested to attend to an injured person needing his medical assistance immediately. The effort to save the person should be a top priority not only of the medical professional but of the police and other citizens. There are no provisions in the Indian Penal Code/Code of Criminal Procedure/Motor Vehicles Act which prevents doctors from promptly attending to seriously injured persons and accident cases before the arrival of the police and taking into cognizance of such cases, preparation of FIR and other formalities by Police."
DUTY OF DRIVER TO STOP IN CERTAIN CASES
According to section 132 of Motor Vehicles Act, 1988 it is the duty of a motor vehicle to stop and co-operate as long as it is necessary. He is supposed to give his name and address as well as the name and address of the owner of the vehicle to the victim of the accident.
LAWS ENCOURAGING SAMARITANS TO HELP ACCIDENT VICTIMS
Three out of four people in the country are hesitant to help the injured accident victims on roads due to fear of police harassment, detention at hospitals and prolonged legal formalities. Even if someone desires to help these factors stop them from doing so. However, a Good Samaritan is a person who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.
In March 2016, the Supreme Court emphasized the need for establishing legal framework for protection of Good Samaritan so that he/she is empowered to act without any fear of adverse consequences or harassment was emphasized. The Supreme Court in this judgement approved guidelines issued by the centre for the protection of Good Samaritans or first responders at the hands of the police or any other authority.
Section 134 (A) was inserted by Act 32 of 2019 w.e.f 01.10.2020 IN Motor Vehicles (Amendment) Act, 2019 which lays down protection of Good Samaritans shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan's negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. The Central Government may, by rules, provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. There is also a proposal dt. 27.10.2020 for giving away awards to the Good Samaritans and other stakeholders working in the field of Road-Safety.
Views are personal.
The Author is an Advocate Practicing at the Bombay High Court.