The Rest of the Motor Vehicles Act IV: Construction, Traffic and Foreign Vehicles

Section 134 in full, because it is examinable

Where a person is injured or the property of a third party is damaged in an accident in which a motor vehicle is involved, the driver or other person in charge shall

• (a) unless it is not practicable 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, unless the injured person or, if a minor, his guardian desires otherwise; and it is the duty of every registered medical practitioner or the doctor on duty immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities;
• (b) give on demand by a police officer any information required, or, if no police officer is present, report the circumstances of the occurrence, including the reason for not securing medical attention, at the nearest police station as soon as possible and in any case within twenty-four hours;
• (c) give the insurer who issued the certificate of insurance, in writing, the policy number and period of validity, the date, time and place of the accident, the particulars of the persons injured or killed, and the name of the driver and the particulars of his driving licence.

Explanation. "Driver" here includes the owner of the vehicle.

Clause (a) is the statutory answer to the hospital that refuses to treat an accident victim until a police case is registered. Read it with section 162, which requires insurers to provide for treatment during the golden hour, and with section 2(12A), which defines that hour.

Section 134A: the Good Samaritan

Inserted by the amending Act of 2019 and in force from 1 October 2020.

(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where the injury or death resulted from the Good Samaritan's negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.

(2) The Central Government may make rules for the procedure for questioning or examining a Good Samaritan, for the disclosure of his personal information, and related matters.

Explanation. A "Good Samaritan" is a person who, in good faith, voluntarily and without expectation of any reward or compensation, renders emergency medical or non-medical care or assistance at the scene of an accident to the victim, or transports the victim to hospital.

For a student of torts this is a statutory immunity carved out of the ordinary law of negligence, and it is worth comparing with the general defences in chapter [General Defences I] and with the position of a rescuer. The bystander who drags an injured motorcyclist off the road and worsens a spinal injury commits, on ordinary principles, a breach of a duty of care; section 134A removes the liability, because the alternative is that nobody stops.

Chapter IX: vehicles temporarily leaving or visiting India

Section 139. Power of the Central Government to make rules for vehicles temporarily leaving or visiting India, including the documents such vehicles must carry. Section 148 depends on this Chapter, in providing that a policy from a reciprocating country is effective on a common route or area.

Where this touches the claim

Evidence of negligence. A breach of sections 112, 113, 119, 122, 128, 129 or 131 is evidence to be weighed in deciding whether the driver failed in the standard of care; it is not conclusive, and the causal link must still be shown.

Building the claim. Sections 134(b) and (c), 135 and 136 are what produce the accident record: the police report under section 159, the inspection of the vehicle, and the intimation to the insurer, which section 149 then uses to make an offer of settlement.

Immunity. Section 134A protects the person who helps.

A worked example

A car knocks down Aarti at night. The driver stops, but a crowd gathers and turns hostile, and he drives away. A passer-by lifts Aarti into an autorickshaw and takes her to hospital, where the movement worsens a spinal injury. The hospital asks for a police paper before treating her.

Was the driver bound to take her to hospital? Section 134(a) requires him to take all reasonable steps to secure medical attention by conveying her to the nearest medical practitioner or hospital, unless it is not practicable on account of mob fury or any other reason beyond his control. Mob fury is the express exception, so on these facts he is excused from clause (a).

Is he excused from everything? No. He must still report the circumstances of the occurrence, including why he could not secure medical attention, at the nearest police station as soon as possible and in any case within twenty-four hours, section 134(b); and give the insurer the written information required by section 134(c). Failure is an offence under section 187.

May the hospital wait for the paperwork? No. Section 134(a) makes it the duty of every registered medical practitioner or the doctor on duty immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, and section 162 requires insurers to provide for treatment including during the golden hour defined in section 2(12A).

Is the passer-by liable for the worsened injury? No. Section 134A protects a Good Samaritan, that is, a person who in good faith, voluntarily and without expectation of reward renders emergency care at the scene or transports the victim to hospital, from any civil or criminal action for injury or death resulting from his negligence in acting or failing to act.

Quick revision

1. Section 109: vehicles must be constructed and maintained so as to be at all times under the effective control of the driver; sections 110 and 111 give the rule-making powers.
2. Sections 112 to 119: speed and weight limits, weighing, restriction of use, traffic signs, parking places, driving regulations and the duty to obey signs.
3. Sections 120 to 127: left hand control, signals, leaving a vehicle in a dangerous position, riding on the running board, travelling without a ticket, obstruction of the driver, stationary vehicles and removal of abandoned vehicles.
4. Sections 128 to 131: safety measures for drivers and pillion riders, protective headgear, production of licence and certificate of registration, and precautions at an unguarded railway level crossing.
5. Section 134: secure medical attention unless prevented by mob fury or a reason beyond control, the doctor's duty to treat without procedural formalities, report to the police within twenty-four hours, and written information to the insurer; "driver" includes the owner.
6. Section 134A, in force from 1 October 2020: no civil or criminal action against a Good Samaritan, who is a person acting in good faith, voluntarily and without expectation of reward.
7. Sections 135 to 139: schemes for the investigation of accidents and wayside amenities, inspection of the vehicle involved, rules, and vehicles temporarily leaving or visiting India.

Test yourself

1. What are the duties of a driver when an accident occurs, and what protection is given to a person who helps? Section 134 provides that where any person is injured, or the property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver or other person in charge must, unless it is not practicable 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, unless the injured person or his guardian desires otherwise; and it is made the duty of every registered medical practitioner or doctor on duty immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities. He must give any information demanded by a police officer or, if none is present, report the circumstances of the occurrence, including any reason for not securing medical attention, at the nearest police station as soon as possible and in any case within twenty-four hours. He must also give the insurer who issued the certificate of insurance written information of the policy number and its validity, the date, time and place of the accident, the particulars of those injured or killed, and the name of the driver and particulars of his licence. The Explanation includes the owner within "driver".

Section 134A, in force from 1 October 2020, provides that a Good Samaritan shall not be liable for any civil or criminal action for injury to or the death of a victim of a motor accident where that resulted from the Good Samaritan's negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance; a Good Samaritan is a person who in good faith, voluntarily and without expectation of any reward or compensation renders such care at the scene of an accident or transports the victim to hospital. The Central Government may make rules for the procedure for questioning such a person and for the disclosure of his personal information.