The Hon’ble Supreme Court in the landmark
case of “Pt. Parmanand Katara vs. Union of India” [AIR 1989 SC 2039] cleared
the confusion and stressed that the victims of road crashes need to be provided
medical aid in the first instance and thereafter the procedural law could
operate.
Pursuant to passing of the aforesaid
judgment section 134 was inserted in the Motor Vehicles Act, 1988, which cast
duty upon the driver /owner of the motor vehicle involved in the road accident
to take the accident victim to nearest doctor and the doctor to treat the
victim without waiting for any formalities.
Section 134, Motor Vehicles Act 1988 reads as follows:
134. Duty of driver in case of accident and injury to a
person - When
any person is injured or any property of a third party is damaged, as a result
of an accident in which a motor vehicle is involved the driver of the vehicle
or other person in charge of the vehicles –
(a)
Unless
it is not practicable to do so on account of mob fury or any other reason
beyond his control, take all reasonable steps to secure medical attention
for the injured person (by conveying him to the nearest medical practitioner or
hospital, and it is shall be the duty of every registered medical
practitioner or the doctor on the duty in the hospital immediately to attend
the injured person and render medical aid or treatment without waiting for any
procedural formalities), unless the injured person or his guardian, in
case he is a minor, desires otherwise;
(b)
Give
on demand by a police officer any information required by him, or, if no police
officer is present, report the circumstance of the occurrence, including the
circumstances, if any, for not taking reasonable steps to secure medical
attention as required under clause (a) at the nearest police station as soon as
possible, and in any case within twenty-four hours of the occurrence;
Further non-compliance of Section 134 is
a punishable offence as per Section 187 of the MV Act. Section 187 reads as
under:
187. Punishment for offences
relating to accident.- Whoever fails to comply with
the provisions of clause (c) of sub-section (1) of section 132 or of section
133 or section 134 shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred rupees,
or with both or, if having been previously convicted of an offence under this
section, he is again convicted of an offence under this section, with
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
As far as Supreme Court’s view about the
general public is concerned, it held that “the effort to save the person should
be the top priority not only of the medical professional but even of the police
or any other citizen who happens to be
connected with that matter or who happens to notice such an incident or a
situation”.
To build confidence among the public the Government of
India, Department of Road Transport & Highways (Road Safety Cell) issued
circular dated 19th February 2004 to all concerned department
highlighting the following points:
(i) Keeping
in view the unnecessary loss of human life, to train our police personnel so
that on duty either in police stations or in the hospital they should be
polite,
(ii)
The escorters should, under no circumstances, be
detained in the hospital for interrogation. On the other hand, he should be
treated with courtesy,
(iii) Without
waiting for the photographer etc. the injured has to be removed to the hospital
by the quickest means. Even in case of fatal accidents the first effort should
be to take the injured to the hospital rather than declaring him dead on the
spot by the PCR or the District Staff,
(iv) The
members of the public, who rendered voluntary help to persons injured in
accidents, should not unnecessarily be questioned and detained at police
stations,
(v)
All concerned people who bring accident victims to
hospitals be treated with utmost courtesy and should not be harassed in any
way. Even if they are unwilling to give their particulars, the same should not
be insisted upon,
(vi)
The local police should pay the transportation
expenses to the public man who brings the victims to the hospital his given
address.
Law commission of India in its 201st
Report on 31st August, 2006 has recommended an enactment dealing
with medical treatment and responsibilities of hospitals in the case of
emergency medical conditions and proposed “Medical Treatment After Accidents and
During Emergency Medical Condition Act, 2006”.
The aforesaid purposed law, if enacted,
will definitely be help to the road accident victims.