MVA | Not necessary to file claim before MACT having jurisdiction over area where accident occurred: SC

MVA | Not necessary to file claim before MACT having jurisdiction over area where accident occurred: SC

Recently, the Supreme Court held that it is not complusary for the claimants to file claim before MACT having jurisdiction over area where accident occurred under Section 166 of the Motor Vehicles Act

The single-headed bench of Justice Dipankar Datta further noted that, Claimants has the right to approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides,.

"The claimants having chosen the option to approach the MACT, Farrukhabad at Fatehgarh, U.P., a forum that law permits them to choose, no grievance can be raised by the petitioner. The contention is misconceived and, hence, stands overruled.", the court said.

In the said matter, the petitioner submitted that since all his witnesses are from Siliguri, language could be a barrier. Rejecting this contention, the judge observed:

"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."

Case Title - Pramod Sinha vs Suresh Singh Chauhan

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