Friday, March 6, 2026
Latest:
2023July 2023LatestLegal

Place of accident Vs Place of filing compensation claim

legaldeli

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.

You May Also Like

Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement

legaldeli

Date of birth in Aadhar Card is no proof for compensation multiplier

legaldeli

Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree