The Court emphasized the need for a deterrent mechanism in traffic laws to prevent abatement of trials under the Motor Vehicles Act, urging reforms for timely assistance to road accident victims.

ORDER

1. There are four Interim Applications today before us.

2. In I.A. No. 43387 of 2025, the applicant has prayed for the following reliefs:-

“(i) to direct the Union of India, through the Secretary, Ministry of Road Transport & Highways, to make a scheme under Section 162 (1) of the Motor Vehicles Act, 1988 (as amended) (the MV Act) requiring insurance companies to provide cashless treatment for road accident victims in hospitals who are entitle to benefits under the Motor Vehicle Insurance Cover and also to reimburse post-discharge medical expenses, time-to-time, within 2 weeks of submitting invoices and supporting documents for timely financial support and uninterrupted medical care for accident victims post discharge.

as this Hon’ble Court has directed to the Union of India for making a scheme only under S. 162(2) of the MV Act for golden hours vide order dt. 08.01.2025 passed in IA No. 202442 of 2023 in WP (C) No. 295 of 2012 (Annexure A-4 at pg. 58 to 67)

(ii) to direct the Insurance Regulatory and Development Authority of India (IRDAI) to ensure that all general insurance companies comply with the schemes made under Section 162 (1) of the MV Act by providing complete coverage for the cashless treatment of road accident victims (in hospital and post hospital) in as much as per electronic-Detailed Accident Reports (e-DAR), nearly 60% of road accidents involve motor vehicles having third party coverage (Annexure A-5 at pg. 68 to 70);

(iii) to direct the Union of India, through the Secretary, MoRTH, to ensure that the scheme under Section 162 (1) of the MV Act includes clear guidelines, funding mechanisms, and accountability measures for effective implementation.

(iv)To direct the Union of India through its Secretary MoRTH that upon the commencement of the treatment scheme under S.162(1) of the MV Act for road accident victims, a comprehensive awareness campaign should be diligently executed through both print and electronic media to ensure that eligible individuals, their family members, and associates are well-informed about the existence and benefits of the scheme, enabling them to effectively utilize this vital resource for their well-being;

(v) To direct the Union of India through its Secretary MoRTH to make the pertinent information regarding medical treatment for victims of road accidents as per the Scheme under S. 162(1) of the MV Act accessible to the public and to release monthly/bimonthly bulletins regarding district-wise and state wise number of beneficiaries of the Scheme along with the amount incurred for the treatment of the road accident victims. Such transparency will enable an assessment of the scheme's benefits to the victims.

(vi)and/or pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.”

3. We heard the applicant appearing in person & Mr. Gaurav Agrawal, the learned Amicus Curiae. We also heard, Mr. Vikramjit Banerjee, the learned ASG appearing for the Union.

4. We are of the view that all the relevant aspects highlighted in the I.As. more particularly the reliefs prayed for, should be looked into by the Hon’ble Justice A.M. Sapre Committee constituted by this Court.

5. We request the Committee to deliberate on all these reliefs, which have been prayed for, and forward its suggestions. The suggestions that may be offered by the Committee would definitely come handy to us before we proceed to issue final directions.

6. The Registry shall forward one copy of this order to the Committee of Hon’ble Justice A.M. Sapre at the earliest.

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