iON'BLE SHR! T.P.SHARIVSA, J. loJof2 National tnsurance Company Limited, GE Road, near o!d bus stsnd, Raipur, Distt Raipur (CG) (Insurer of Truck No.AP 12/T-2899) (Applicants) Smt Purnima Chandrakar, Age 25 years, W/o Lats Pramod Chandrakar, By Profession - House wife ishu Chandrakar, (Minor) Age - 02 years, S/o Late Pramod Chandrakar, Represented by her Mother Appellant No.1 Smt Purnima Chandrakar 3 Ku. Age 5 years, D/o Late Pramod Chandrakar, Represented by her Mother AppeSisnt No.1 Smt Purnima Lakhan Chandrakar, Age - 65 years, S/o Late Ramahin Chandrakar, (Dted on 02.01.2006 No.LR's present) Alt the above appeliants No.1 to 3 are WG VJi'lage - Boriyajhar, PS / Tah & Dr^tL'^iffh f^^ \^i t Manohar, Age 26 years, S/o Patro, R/o Rly' Colony r, PS & Distt Raigada (Orissa) (Driver of Truck NO.AP 12/T-2899) 5 M/S Om Shanti Roadways, Through rietor, Rsigsda PS PK Chlrips! - Propri & Distt Raigada (Orissa) (Ov/ner ofTruck No.AP 12/T-2899) ^ 2 Ai MO.S75/2081 Present : Shri Dasarath Gupta, counselforthe petitioner. Shri JA Lohani, counsel fbr respondents No.1 to 3. ith g order of the Court was passed by Learned counsel fbrthe parties are heard on IA No.1/2010, a petition for condonation of the deiay in filing the Review Petition. 2) On due consideratton of the submisslons of learned counset grounds taken in the appiication, we are satisfled that the p^titioner/lnsurance Company has succeeded in showing sufficient cause for the delay in flling the Review Petition. 3) IA No.1/2010, therefore, is allowed and the detay in filing the Review Petitlon is hereby 4) Learned counsel for the parties are heard on the Review Petition. 5) Petitioner National Insurance Company Limited is seeking •review ofthe order dated 06.10.2009, passed in MA No.975/2006. 6) Second Additional Motor Accident Claims Tribunal, Mahasamund, vide award dated 25.10.2005, passed tn Claim Case No.l 17/2004 awarded a total sum of Rs.2,95,100/- as compensation to the ctaimants along with interest @ 6% per ?°!\ 9../ annum from the date of filtno of the ciaim petition tlll the date of actual payment. 7) The claimants filed an appeal for enhancement of the compensation which came to be registered as MA No.975/2006 and was finaily decided vide order dated 06.10.2009, whereby the amount of compensatlon was enhanced from Rs.2,95,100/- to Rs.3,93,500/- with further quantified amount of interest of Rs.11,600/- on the enhanced amount of compensation. 8) The sole ground pressed into service in this Review Petition fiied on behalf of the insurer of the offending vehicle is that, at the time of hearing of MA No.975/2006, it could not be pointed out that, against the impugned award, the Insurer of the offending vehicle had also filed an appeal which was registered as MA No.160/2006 and was pending for hearing on 06.10.2009, the date on which MA No.975/2006 was finally deoided. 9) As the award dated 25.10.2005, passed by the Second Additiona! Motor Accident Ciaims Tribunal, Mahasamund, in Claim Case No.117/2004 was impugned In both the appeals, i.e. MANo.160/2006 and MA No.975/2006, both these appeais were required to be heard and decided together. Unfortunately, the fact 6f flling of the appeal by the Insurer of the offendtng vehicie and its pendency on the date of hearing of appeat filed by the ciaimants for enhancement of the compensation could not be pointed out, :ing in passing of the order dated 06.10.2009 in MA No.975/2006, review whereof is sought in this Review Petition. ;;sS'i^!'%^s^'s'*iJBB?^ :i:i?^&s^ ^^ 4 10) On due consideration ofthe submissions of leamed counsel for the parties, we are of the opinion that, the order dated passed in MA No.975/2006 deserves to be re-called and MA No.975/2006 is required to be restored to its originai its hearino with MA No.160/2006. 11) The Review Petition, therefore, is allowed. By recatlina the order dated 06.10.2009, MA No.975/2006 is restored to its original 12) Registry !s directed to list both these appeals i.e. MA Nos.160/2006 and 975/2006 for finat hearing in the week commencing 2" August, 2010. Sd/- Chief Justice Sd/- T.P. Sharma Judge subbu