The Motor Vehicles (Amendment) Act, 2019 establishes a comprehensive framework for cashless emergency treatment of road accident victims through insurance companies, thus addressing public concerns about immediate medical costs.

JUDGMENT

Dated this the 12th day of April, 2023

S.Manikumar, C.J.

Instant suo motu writ petition has been registered on the following facts:

1.1. On 10.02.2021, a petition was submitted by the students of Mariyan International Management Studies, Kuttikanam, Idukki addressed to the Hon’ble Mr. Justice Sunil Thomas regarding the bearing of immediate/specialist treatment costs of accident victims by the Insurance company/Insurance Regulatory Authority.

1.2. They cited the case of their classmate, Kum. Shani Babu, who met with an accident on 13.01.2021 when she returned home from her college. Even though, she was admitted in the Government Medical College, as specialist facilities like scanning is not available in the hospital, nearly one lakh rupees was spent for her treatment and for facilities availed from the nearby private hospitals. They stated that this is a very pathetic situation that parents who are working as coolie and with no sound financial condition wander for money for the treatment of their daughter, amidst the Covid- 19 pandemic. They requested a timely intervention from the Court in this matter. Even though they collected and contributed to her treatment, it did not sufÏce and thus, they came to know about the difÏculties faced by the motor vehicle accident victims, the sufferings that their family has to endure and requested the Court to direct the Insurance Company/Insurance Regulatory Authority to bear the cost of immediate treatment of accident victims.

1.3. The petitioners suggested to bring all the Government and other hospitals in this Country under one roof for carrying out emergency treatments for the accident victims and suggests that in the event of an accident, the treatment costs must be borne by the insurance companies, which later can be deducted from the insurance claim.

1.4. They pointed out the instance of death of a person that happened in this state and the ensuing declaration of a Government proposal of an insurance policy which stated to take care of the emergency treatment of accident cases for the first 48 hours, the conditions of the proposal was opposed by the insurance companies and the proposal was axed.

1.5. They also pointed out the order of the Kerala State Human Rights Commission that the State Government should bear the cost of the treatment of the accident victims. For this, it was proposed to raise a reserve fund by earmarking 10% of the amount collected as fine for petty offences by the Police and Motor Vehicle Department. The State Government was directed to submit an action taken report in this regard before 30/08/2013, but the accidents show that this has not been given due consideration by the State Government.

1.6. They requested that a direction should be given to the Insurance Companies to incur the expenses for the immediate treatment of accident victims.

2. General Insurance Council represented by Secretary General, Mumbai, respondent No.6, has filed a counter afÏdavit dated 31.03.2023.

3. Relevant portion of the counter afÏdavit is reproduced:

“3. This writ petition is intended to Consider different methods by which the miseries of the motor accident victims can be reduced. The main grievance projected in this petition is the necessity to provide cashless emergency treatment to victims of motor accidents. It is also prayed that all Government and other Hospitals in this country are to be brought under one roof for carrying out emergency treatment for accident victims and suggest that in the event of an accident the treatment cost be borne by the insurance companies which later can be deducted from the Insurance claim. It is for a direction to the Government that emergen