The Supreme Court while dealing with a transfer petition remarked that “Hindi being the national language, it is expected of the witnesses who would be produced by the petitioner before the MACT, Fatehgarh, U.P. to communicate and convey their version in Hindi.”

Justice Dipankar Datta rejected the transfer petition highlighting that it was not mandatory for the claimants to file the application for compensation before the Motor Accident Claims Tribunal (MACT) where the accident occurred.

The defendant, who was also the owner of the offending vehicle in a motor accident claim lodged before the MACT in Farrukhabad, Uttar Pradesh, had filed a transfer petition under Section 25 of the Code of Civil Procedure. The defendant sought to transfer the claim petition to the MACT in Darjeeling, West Bengal, as the accident took place in Siliguri, Darjeeling district.

Advocate Sameer Sodhi appeared for the Petitioner.

The Court stated that the Motor Vehicles Act, 1988, does not mandate that the claimants should file the application for compensation before the MACT where the accident occurred.

“The provisions of the Act do not make it mandatory for the claimants to lodge an application for compensation under Section 166 thereof before the MACT having jurisdiction over the area where the accident occurred. On the contrary, sub-section (2) of Section 166 provides an option for the claimants to approach the MACT within the local limits of whose jurisdiction they (claimants) reside or carry on business or the defendant resides.”

Since the claimants had chosen the MACT in Farrukhabad, their choice was legally permitted, and the defendant's argument was dismissed.

Secondly, the defendant's claim that language could be a barrier for the witnesses in Farrukhabad was rejected.

“In a country as diverse as India, it is no doubt true that people speak different languages. There are at least 22 (twenty-two) official languages. However, Hindi being the national language, it is expected of the witnesses who would be produced by the petitioner before the MACT, Fatehgarh, U.P. to communicate and convey their version in Hindi. If the contention of the petitioner is to be accepted, it is the claimants who would be seriously prejudiced not being in a position to communicate and convey their version in Bengali.”

As no valid case for transfer had been presented, the court dismissed the Transfer Petition, and any pending applications were also disposed of.

Cause Title: Pramod Sinha v. Suresh Singh Chauhan & Ors.

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Supreme CourtJustice Dipankar Datta

Suchita Shukla