Motor Vehicles Act Section 134A — Protection of Good Samaritans
CHAPTER VIII CONTROL OF TRAFFIC
Civil
Summary
Sub-section (1) states that a Good Samaritan will not be held legally responsible, either in a civil case (such as a lawsuit for damages) or a criminal case, for any injury to or death of an accident victim, if that injury or death happened because of the Good Samaritan's negligence while acting or failing to act during emergency medical or non-medical care or assistance. In simple terms, if you stop to help someone injured in a road accident and your help, or your failure to help in a certain way, is considered negligent and contributes to the harm, you are still protected from legal liability under this provision.
Sub-section (2) says that the Central Government may make rules to set out the procedure for questioning or examining a Good Samaritan, for disclosing the Good Samaritan's personal information, and for other related matters. This means the government has the authority to decide how authorities can interact with a Good Samaritan, including what questions they can ask and what personal details can be shared.
The explanation defines a Good Samaritan for this section as a person who, in good faith, voluntarily and without expecting any reward or compensation, provides emergency medical or non-medical care or assistance at the scene of an accident to the victim, or transports the victim to a hospital. This definition clarifies who qualifies for the protection under this section.
Official Text
(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 such 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 by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. Explanation.—For the purposes of this section, “Good Samaritan” means 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 such victim to the hospital.]