JKM GLOBAL SERVICES LLP
2023-Sep-29
The Supreme Court recently upheld that a Motor Accident Claim need not be
filed before the forum where the accident occured. The owner of the offending
vehicle filed a transfer petition in the SUpreme Court seeking directions to
transfer the proceedings before the MACT Darjeeling while the claim had been
filed in Farrukhabad at Fatehgarh, U.P. The Supreme Court On the
contrary, citing sub-section (2) of Section 166 stated that claimants have an option to approach the MACT within the local limits of whose jurisdiction 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.
Pramod Sinha vs Suresh Singh Chauhan
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