Jurisdiction limits restrict Indian courts from facilitating claims against foreign entities; local legal proceedings are necessary where the incident occurred.

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 8 to facilitate to get compensation from ninth respondent to pay a sum of Rs.2,25,00,000/- (Rupees Two Crores Twenty Five Lkahs only) as a compensation to namely Mr.A.Sivasubramaniyan/petitioner herein for the 100% disability caused due to accident on the Jobsite at JUNUB ALOHEET CONSTRUCTION, Ghucrain Oman/ninth respondent, during the year 2010 (25.11.2010).

2. With reference to the relief sought for in the present writ petition, admittedly, the petitioner met with an accident in Oman in the year 2010 during the course of employment under the ninth respondent, which is a Construction Company situate in Oman.

3. Mr.U.Karunakaran, learned counsel for the petitioner would submit that the External Affairs Ministry is duty bound to secure the relief to the family of the writ petitioner by initiating appropriate actions.

4. Ministry of External Affairs and the Officials in the Indian Embassy at Oman, normally provide assistance to the victims, who suffered in foreign countries. However, the High Court in exercise of its powers of Judicial Review, cannot issue any direction to facilitate the petitioner to secure compensation from the ninth respondent-Construction Company situate in Oman.

5. It is the law of the country, which prevails and the petitioner has to initiate all appropriate legal actions in the country, where the accident occurred. However, he can seek the assistance of the Embassy Officials of the External Affairs Ministry. But the relief as such sought for in the present writ petition cannot be granted, since the ninth respondent is not amenable to the jurisdiction of the High Court of Madras and even the External Affairs Ministry, cannot execute any order against the ninth respondent, which is the Construction Company, situate in Oman.

6. In any angle, the relief as such sought for in the present writ petition is not maintainable. Therefore, the petitioner is at liberty to contact the Indian Embassy Officials at Oman or the Officials in the External Affairs Ministry, for the purpose of securing assistance, in order to redress his grievances in the manner known to law.

7. Therefore, the objection raised by the Registry of High Court of Madras, regarding maintainability of the writ petition stands approved. Consequently, WP SR No.14108 of 2024 stands rejected. However, there shall be no order as to costs.

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1.The Secretary to Government, Union Government of India, Ministry of Home Affairs, New Delhi.

2.The Government of India, Ministry of Overseas Indian Affairs (Emigration Division), 1022, Akbar Bhavan, Chanakyapuri, New Delhi.

3.The Embassy of India, Muscat, Oman, Community Welfare Wing, P.B.No.1727, Ruwi, P.C.112, Sultanate of Oman.

4.The High Commissioner, Embassy of Oman at New Delhi, New Delhi.

5.The Secretary, (Consular Grievances Monitoring System), Ministry of External Affairs in Aid of Diaspora in Distress (MADAD), Ministry of External Affairs and Ministry of Overseas Indian Affairs, Government of India.

6.The Secretary, Minorities' Welfare, Non Resident Tamils Welfare, Refugees and Evacuees and Wakf Board, Secretariat, Chennai-600 009.

9.JUNUB ALMOHEET Construction, (LLC-C.R.1736698), Post Box 441, GHUCRA, Oman.

S.M.SUBRAMANIAM, J.

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