Now cashless treatment for RTA victims, compulsory
insurance and protection of good Samaritans
Dr KK Aggarwal
The Motor Vehicles (Amendment) Bill, 2019 was
introduced in Lok Sabha on Monday. It has been passed in the Lok Sabha and is
pending in the Rajya Sabha.
The new Bill has proposed some radical amendments such as
imposing hefty penalties for violation of traffic rules and holding the owners
of the vehicle or guardian of the juvenile liable in case of juvenile offences.
It provides for protection of Good Samaritans and empowers the Central
Government to recall vehicles which do not meet standards.
The compensation and insurance provisions in case of
motor vehicle accidents have also been modified. The new Bill provides for
cashless treatment for RTA victims, compulsory insurance and good Samaritans
·
Compensation for road accident victims: The central government will develop a scheme for cashless
treatment of road accident victims during golden hour. The Bill
defines golden hour as the time period of up to one hour following a traumatic
injury, during which the likelihood of preventing death through prompt medical
care is the highest. The central government may also make a scheme for
providing interim relief to claimants seeking compensation under third party
insurance. The Bill increases the minimum compensation for hit and run
cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and
(ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.
·
Compulsory insurance: The Bill requires the central government to constitute a Motor
Vehicle Accident Fund, to provide compulsory insurance cover to all road users
in India. It will be utilised for: (i) treatment of persons
injured in road accidents as per the golden hour scheme, (ii)
compensation to representatives of a person who died in a hit and run accident,
(iii) compensation to a person grievously hurt in a hit and run accident, and
(iv) compensation to any other persons as prescribed by the central
government. This Fund will be credited through: (i) payment of a nature
notified by the central government, (ii) a grant or loan made by the central
government, (iii) balance of the Solatium Fund (existing fund under the Act to
provide compensation for hit and run accidents), or (iv) any other source as
prescribed the central government.
·
Good Samaritans: The Bill defines a good Samaritan as a person who renders emergency medical
or non-medical assistance to a victim at the scene of an accident. The
assistance must have been (i) in good faith, (ii) voluntary, and (iii) without
the expectation of any reward. Such a person will not be liable
for any civil or criminal action for any injury to or death of an accident
victim, caused due to their negligence in providing assistance to the victim.
·
Recall of vehicles: The Bill allows the central government to order for recall of motor
vehicles if a defect in the vehicle may cause damage to the environment, or the
driver, or other road users. The manufacturer of the recalled vehicle
will be required to: (i) reimburse the buyers for the full cost of the vehicle,
or (ii) replace the defective vehicle with another vehicle with similar or
better specifications.
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of
India
Past National President
IMA
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