Pramod Sinha vs Suresh Singh Chauhan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1784

DIPANKAR DATTA
Pramod Sinha – Appellant
Versus
Suresh Singh Chauhan – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Sameer Sodhi, Mahesh Kumar, Amanpreet Singh Rahi, Nikhilesh Kumar, Sunit Kumar Toppo, Devika Khanna, V.D. Khanna

Table of Content
1. transfer petition filed under civil procedure code (Para 1)
2. claimants have the option on where to file (Para 3 , 4)
3. language barrier not a valid reason for transfer (Para 5)
4. transfer petition dismissed (Para 6 , 7)

ORDER :

2. This Court has heard learned counsel for the petitioner and perused the materials available on record.

4. The provisions of the Act do not make it mandatory for the claimants to lodge an application for compensation under Section 166 thereof before the MACT having jurisdiction over the area where the accident occurred. On the contrary, 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.

6. No case having been set up for transfer, this Transfer Petition stands dismissed.

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