Motor Accident Claim Need Not Be Filed Before MACT Of Area Where Accident Occurred : Supreme Court

The Supreme Court observed that it is not mandatory for the claimants to lodge an application for compensation under Section 166 of the Motor Vehicles Act before the MACT having jurisdiction over the area where the accident occurred.

Claimants can approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides, Justice Dipankar Datta noted while deciding a transfer petition.

One ground raised in this transfer petition filed by owner of the offending vehicle was that the accident had taken place at Siliguri in the district of Darjeeling, West Bengal and, thus, it would be expedient for the MACT at Darjeeling to decide the claim petition. 

"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.

The petitioner contended 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 details

Pramod Sinha vs Suresh Singh Chauhan | 2023 LiveLaw (SC) 596 | Tr.P (C) 1792/2023

Headnotes

Motor Vehicles Act, 1988 ; Section 166 - It is not mandatory for the claimants to lodge an application for compensation under Section 166 before the MACT having jurisdiction over the area where the accident occurred - Claimants can approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides

Code of Civil Procedure, 1908 ; Section 24 - Transfer Petition - Rejected petitioner's contention that since all his witnesses are from Siliguri (West Bengal), language could be a barrier- 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.

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