RAJU ALIAS RAJESH Vs. KIRAN

JUDGEMENT

(1.) THIS revision petition filed under Article 227 of the Constitution is directed against the order dated 13.8.2002 passed by the Motor Accident Claims Tribunal, Faridabad (for brevity, 'the Tribunal') vide which the amendment application filed by the claimant-respondents has been allowed at a stage when the case was listed for rebuttal and arguments. The order passed by the Tribunal reads as under :-

(2.) THE point sought to be raised before me that the amendment is not justified on the ground of inadvertence and clerical mistake can very well be taken at the time of filing the appeal which is regular remedy available. The provisions of Article 227 of the Constitution cannot be availed where the alternative remedy of appeal is available. The Appellate Court would be in a position to reevaluate the effect of amendment allowed by the impugned order. In Ouseph Mathai and others v. M. Abdul Khadir, (2002) 1 SCC 319 their Lordships of the Supreme Court observed as under :-