Who is Good Samaritan In Road Accident ? What is his role?
One of the frequent question one might ask for lot of time.
Good Samaritans
The Word Good Samaritan was not familiar in Indian conditions. Fearing to become a witness or accused earlier people absconded the accident scene .Now Good Samaritan is defined in the Motor Vehicles Act 1988 as amended in 2019.Hence they are free.Good Samaritan means a person ,who in good faith,volunterily and without expectation of any reward or compensation render emergency medical or non medical care or assistance at the scene of an accident to the victim or transport such victim to the hospital : Explanation to Section 134 A Motor Vehicles Act 1988 As Amended in 2019.
The expected out come of the Legislation is to protect the interest of people who do voluntary act to shift accident victims to nearest hospitals.
Protection to Good Samaritans
As per Sub Section (1) of the principal Section, Good Samaritans are not liable for any Civil or Criminal Action,to any injury or death to the victim of an accident involves a motor vehicle,where such injury or death resulted from the Good Samaritans negligence in actin or failing to act while rendering emergency medical or non medical care or assistance.
Section 134 A (2) Empower the Central Government to make rules to provide the procedure to be followed for questioning or examination of Good Samaritans ,similarly disclosure of personnel information and such related matters.The expected out come of the Legislation is to protect the interest of people who do voluntary act to shift accident victims to nearest hospitals.
Advantages of the New Provisions
- Police will not compel any one to become Witness in Road Accident Cases
- The identity of the good Samaritan will not be disclosed.
- There will be no or limited questioning by the Police.
- No harassment,waiting etc
- Social Service will not become a self inflicted punishment.
Earlier
The MoRTH has observed in a letter addressed to all the state in 2004,it has observed that the road accident trauma could be reduced by giving proper medical attention to the victims in proper time. It further observe that people are reluctant to help the victim because of the dear of involvement in police case connected to the accident.In another letter on 19.02.2004 the MoRTH has directed the Delhi Police authorities to build the confidence of common man for increasing trauma care volunteering.It further says that no volunteer shall be detained at hospital for questioning.
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