Supreme Court recently rejects plea of an ​​accused to transfer a case pending at Motor Accident Claims Tribunal (MACT) at Farrukhabad, Uttar Pradesh to Siliguri in West Bengal due to language problem It also rejected the argument that since the accident happened at Siliguri in Darjeeling district in West Bengal, it would be appropriate for the MACT at Darjeeling to decide the claim petition.

The apex court noted that the provisions of the Motor Vehicles Act provide an option to the victim to approach the MACT in whose jurisdiction he resides or carries on business. He can also file an appeal at the place of residence of the respondent. The court noted that the victim has opted to approach the MACT at Farrukhabad, Fatehgarh, hence no complaint can be made by the petitioner.

The Court said in the order "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."

The victim is a resident of Uttar Pradesh, while the accused is a native of West Bengal. Justice Dutta said that there is no doubt that in a diverse country like India, people speak different languages. There are at least 22 official languages, but Hindi is the national language. The witnesses appearing on behalf of the petitioner before the MACT at Fatehgarh are expected to record their statement in Hindi.

The accused had sought transfer of the petition on the ground that the accident took place in Siliguri and all the witnesses appearing on his behalf were residents of that place. He said that if the West Bengal court hears the case, it will be easier for him to understand the witnesses. If he comes to the UP court, he will not be able to express himself in a smooth manner. In the court of Pt. Bengal, he will be able to say his words easily.

Case Details:-

Transfer Petition(s)(Civil) No.1792/2023
PRAMOD SINHA
 VERSUS
SURESH SINGH CHAUHAN & ORS.

Click here to view/download the order