Section 162: Scheme for golden hour

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 162

Section 162 of the Motor Vehicles Act, 1988 mandates the Central Government to frame schemes for cashless medical treatment of road accident victims during the critical 'golden hour'.

  • Savings Clause & Priority of Special Laws: Section 162 introduces a life-saving healthcare mandate into transport legislation.
  • Sub-Section (1) Provision: Sub-section (1) defines 'golden hour' as the time period lasting one hour following a traumatic injury being sustained in a motor accident, during which there is the highest likelihood of preventing death by providing prompt medical care.

The section directs the Central Government to formulate a nationwide scheme for providing cashless medical treatment to accident victims during this golden hour, including emergency stabilization and surgical intervention at enrolled public and private hospitals, funded through the Motor Vehicle Accident Fund under Section 164B. Hospitals are strictly prohibited from demanding advance financial deposits before initiating emergency trauma care.

Key Landmark Precedents:
  • Save Life Foundation v. Union of India (2016) 7 SCC 194: The Supreme Court emphasized the critical legal and constitutional significance of the 'Golden Hour', directing hospitals and medical personnel to initiate emergency treatment without procedural or financial preconditions.
  • Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286: Established the constitutional doctrine that preservation of human life is paramount under Article 21, creating an unconditional duty on every doctor and hospital to render trauma care immediately.
Legal Commentary:

Section 162 transforms emergency trauma care in India. By eliminating hospital demands for advance payment and indemnifying healthcare institutions through the Central Road Safety Fund, the law ensures that road accident victims receive immediate trauma resuscitation during the critical first 60 minutes when medical intervention has the highest probability of saving lives.