Observing that Hindi is one of the national languages, the Supreme Court has rejected a plea by an accused in an accident case pending at the Motor Accident Claims Tribunal (MACT) in UP’s Farukkhabad to transfer it to Siliguri in West Bengal on account of the language problem.
Justice Dipankar Datta also rejected the submission of the accused that since the accident had taken place in Siliguri in the Darjeeling district of West Bengal, it would be expedient for the MACT in Darjeeling to decide the claim petition.
The top court said provisions of the Motor Vehicles Act provide an option to the claimants to approach the MACT within whose jurisdiction they (claimants) reside or carry business or the defendants reside.
Since the claimants have chosen the option to approach MACT, Farrukhabad at Fatehgarh, a forum that the law permits them to choose, no grievance can be raised by the petitioner, the court said.
The claimant is a resident of Uttar Pradesh, while the defendant is a native of West Bengal.
“In a country as diverse as India, it is no doubt true that people speak different languages. There are at least 22 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, UP 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 (if the matter was to be shifted to Siliguri),” Justice Datta said.
The accused had sought trans because the accident had taken place in Siliguri and all witnesses from his side were from there.
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