4. Learned counsel for the petitioner/applicant submits that an award dated 03.02.2021 in Claim Case No. 10/2019 was passed by the Motor Accident Claims Tribunal, District Dhamtari (C.G.), whereby compensation of Rs. 16,32,185/- was awarded in favour of the respondent on account of injuries sustained by him in an accident that took place on 08.04.2018 due to the rash and negligent driving of the offending vehicle (Truck) bearing registration No. CG-04-J-0753, driven and owned by Respondent No. 2. Against the said award, Respondent No. 1 filed an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “the M.V. Act”), which was registered as MAC No. 404/2021. It is further submitted that the petitioner/applicant has also filed MAC No. 249/2021 against the same award, in which an interim stay was granted on 09.10.2025. He further submits that while allowing MAC No. 404/2021, the factum of pendency of MAC No. 249/2021 could not be brought to the notice of this Court. Consequently, this Court, vide order dated 12.09.2025 passed in MAC No. 404/2021, enhanced the compensation from Rs. 16,23,185/- to Rs. 26,55,385/- and directed the petitioner/applicant to pay the enhanced amount of Rs. 10,32,200/-. When the process for payment of the enhanced amount was undertaken by the petitioner/applicant, it transpired that an interim order had already been passed in his favour in the other appeal. Therefore, it is prayed that the order dated 12.09.2025 passed in MAC No. 404/2021 be recalled and both the appeals be heard together.
