12Emergency treatment

##### 12. Emergency treatment (1) Where — (a) bodily injury (including fatal injury) to any person directly caused by, or by the driving of, a motor vehicle which is insured under this Act or is an uninsured vehicle occurs and either — (i) any legally qualified medical practitioner or registered nurse renders emergency treatment to the person; or (ii) the person so injured is immediately after such injury conveyed in any vehicle; and (b) notice in writing of a claim under this section is given by the medical practitioner, nurse or person who conveyed the injured person, to the Commission within one month after the occurrence out of which the death or bodily injury arose, the Commission shall make the following payments as are applicable to the case — (c) to the medical practitioner or nurse, his or her charges in respect of each person to whom emergency treatment is rendered, together with any travelling expenses reasonably and necessarily incurred in respect of the emergency treatment so rendered; (d) to any person who conveyed the injured person as mentioned in paragraph (a)(ii), an amount to be ascertained in accordance with the regulations. (3) The liability (if any) — (a) of the owner or driver of such motor vehicle in respect of the death or bodily injury; and (b) of the Commission to the owner or driver in respect of the contract of insurance; and (c) of the injured person or his personal representatives to the person to whom the payment is made under this section shall be reduced by the amount paid by the Commission under this section. (4) In this section emergency treatment means such medical or surgical treatment or examination by a legally qualified medical practitioner or by a registered nurse as is immediately required as the result of any such injury as mentioned in subsection (1). (5) A sum payable under this section shall be recoverable as if it were a simple contract debt due from the Commission to the persons entitled to that sum. (6) The Director General shall, if so requested by a person who alleges that he is entitled to a payment under this section, furnish that person with any information at the Director General’s disposal as to the identification marks or plates or registration of any motor vehicle which that person alleges to be a motor vehicle which, or the driving of which, directly caused the death or bodily injury, and as to the identity and address of the person who owned or was using the vehicle at the time of the event out of which the death or bodily injury arose. [Section 12 amended: No. 40 of 1944 s. 6; No. 31 of 1948 s. 14; No. 95 of 1966 s. 21; No. 58 of 1974 s. 31; No. 81 of 1982 s. 17; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 76 of 1996 s. 40; No. 15 of 2006 s. 7; No. 19 of 2010 s. 51.] [**13.** Deleted: No. 81 of 1982 s. 18.]