Hindi is national language; witnesses from West Bengal expected to communicate in Hindi in UP court: SC

New Delhi, August 5

Describing Hindi as a national language, the Supreme Court has rejected seeking transfer of a motor accident claims case pending in the Motor Accident Claims Tribunal (MACT), Farrukhabad, in Uttar Pradesh to MACT, Darjeeling, in West Bengal on account of language problem.

“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,” Justice Dipankar Datta said.

“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 noted.

The top court also rejected the submission of the accused that since the accident had taken place in Siliguri in Darjeeling district of West Bengal, it would be expedient for the MACT in Darjeeling to decide the claim petition.

The claimant in the case was a resident of Uttar Pradesh while the defendant was from West Bengal.

It said it’s 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, the court said in its July 31 order. Since the claimants have chosen the option to approach MACT, Farrukhabad at Fatehgarh, a forum that law permits them to choose, no grievance could be raised by the petitioner, it said.