Place of accident Vs Place of filing compensation claim

Order dated 31.7.2023 of the Supreme Court of India

Place of accident Vs Place of filing petition for compensation

Interesting facts – Petition of owner of offending vehicle in the Supreme Court for transfer of compensation claim petition from Farrukhabad at Fatehgarh in UP to Darjeeling in West Bengal for trial and decision, mainly, on two grounds-

1.    accident took place at Siliguri in Darjeeling district of West Bengal.

2.  all the witnesses of the petitioner are from Siliguri

3.      language could be a barrier for the witnesses of the petitioner

HELD –

The Motor Vehicles Act permit claimant to file compensation application before the Tribunal where the accident occurred or where claimant residents or carry on business or defendant resides (sub-section (2) of Section 166)

Hindi being the national language, it is expected of the witnesses who would be produced by the petitioner before the Tribunal at Fatehgarh would communicate and convey their version in Hindi.

If the contention of the petitioner about language barrier is to be accepted, it is the claimants would be seriously prejudiced not being in a position to communicate and convey their version in Bengali.

The transfer petition was rejected.

Transfer Petition (Civil) No.1792 of 2023 – Pramod Sinha Vs. Suresh Singh Chauhan and others.