Jahanvi Agarwal
According to a recent decision by the Supreme Court, Hindi is the national language of India, and witnesses who are appearing before a tribunal in Uttar Pradesh are expected to communicate or depose in Hindi even if they are from another State.
Therefore, Justice Dipankar Datta, a single judge, rejected a plea to transfer a motor accident case pending from MACT Farukkabad in the State of Uttar Pradesh to MACT Darjeeling in the State of West Bengal.
The petitioner, the owner of the offending vehicle, requested that the case be heard at MACT Farukkabad since all of the witnesses were from Siliguri (in West Bengal), and he claimed that this may make it difficult for them to understand each other if the hearing were held there.
Court rejected the above-mentioned argument and stated that:
“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.”
The petitioner in their arguments stated that since the accident took place in Siliguri, it is for the best for MACT Darjeeling to decide the claim petition. However, the court rejected this argument as well.
The Court observed that:
“Sub-section (2) of Section 166 provides an option for the claimants to approach the MACT within the local limits of whose jurisdiction they (claimants) 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.”
Case Name: Pramod Sinha v. Suresh Singh Chauhan and Others
Diary Number: 1792/2023
Bench: Justice Dipankar Datta