ORDER 1. Learned counsel for the applicant is heard on the application for condonation of delay I.A. No.8071/2013 and merits of the case. 2. This application has been filed for restoration of an order dated 11.2.2013 passed by a Bench of this Court in M.A. No.176/2011. It is stated that the Insurance Company was exonerated from the liability and, therefore, they were under the impression that they are not to pay the enhanced amount, but it is only when the copy of the order was received it was found that there is no discussion with regard to exoneration of the Insurance Company and joint liability was imposed. Records were gone through and thereafter after obtaining approval the review application is filed which resulted in delay. 3. Keeping in view the aforesaid, delay in filing the review application is condoned. 4. I.A. No.8071/2013 is allowed. 5. As far as the merits of the review application is concerned, it is seen that in the original award passed by the learned Motor Accident Claims Tribunal on 22.9.2010 specific issue was framed, as to whether the accident took place in violation of terms and condition of the policy and, therefore, the Insurance Company was not liable to make good the award. It is specifically held that the owner and driver of the vehicle is liable, therefore, Insurance Company is exonerated from the liability to pay compensation on the ground of breach of the terms and condition of the insurance policy. Findings in this regard are recorded in para 15 of the award passed by the learned Tribunal on 22.9.2010. Thereafter, while issuing directions in para 19, the owner and driver have been directed to make good the award. 6. However, while deciding the appeal under section 173 for enhancement filed by the claimant in M.A. No.176/2011 on 11.2.2013 the learned Bench without taking note of this specific finding of the MACT has directed the Insurance Company to deposit the enhanced amount. This is an error apparent on the face of record. 6. However, while deciding the appeal under section 173 for enhancement filed by the claimant in M.A. No.176/2011 on 11.2.2013 the learned Bench without taking note of this specific finding of the MACT has directed the Insurance Company to deposit the enhanced amount. This is an error apparent on the face of record. Once the Tribunal has exonerated the Insurance Company of all the liabilities to make good the award and when there is nothing in the order passed on 11.2.2013 in M.A. No.176/2011 to suggest that the direction or findings recorded by the MACT in exonerating Insurance Company is set aside and interfered with, imposing the liability for paying enhanced amount on the Insurance Company is not called for, in order dated 11.2.2013 there is no finding recorded as to why the award passed by the Tribunal exonerating the Insurance Company is not proper. In fact the finding of the Tribunal in this regard has not been taken note of at all and without making any interference to this finding the direction is given to the Insurance Company to pay the enhanced amount. 7. Keeping in view the aforesaid, there is an error apparent on the face of record in directing the insurance company to pay the enhanced amount. To that effect, the matter warrants reconsideration. Accordingly this application is allowed to the limited extent of imposing liability on the Insurance Company. 8. In view of above this application is allowed, order passed on 11.2.2013 in M.A. No.176/2011, so far as it relates to direction to the insurance company to pay the enhanced amount is recalled and appeal is restored to its original file for considering the said question only. In case the amount has to be recovered, the claimant is free to recover the amount till finalization of M.A. No.176/2011 from the owner and driver subject to any order that may be passed. 9. With the aforesaid this application is allowed and disposed of. M.A. No.176/2011 be placed for orders before appropriate Bench.