GAYA PRASAD Vs. GANGA DEVI

JUDGEMENT

(1.) APPELLANT has contended before this Court that since a recalling application has been made for wrong incorporation of the name of the owner of the vehicle before Motor Accident Claims Tribunal, Jhansi and the same has been dismissed, he has a right of appeal before the High Court. But the appellant's own case is that the tribunal delivered judgement and passed order awarding compensation as against one Ganga Prasad and not Gaya Prasad, who is appellant before this Court, therefore, no question was there before the tribunal for recalling the order, hence, the tribunal has rightly dismissed the same. Against this background, the only remedy open to the appellant is to make rectification application before the tribunal for wrong incorporation of the name of the appellant. Appeal is not the remedy for the same. Thus, we do not find any cogent reason to admit this appeal, hence, it is dismissed without imposing any cost. Statutory amount, if any, deposited by the appellant to prefer this appeal, will be refunded to him. In any event, passing of this order will in no way affect the right of appellant to proceed in accordance with law before the tribunal, if so advised.