1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 588 OF 1994 Liyakat Ali Yusuf Ali Musalman, R/o. Nashirabad, Taluka and District Jalgaon. ....Appellant. Versus 1. Shri. Damu s/o. Nathu Patil, R/o. Sakegaon, Tq. Bhusawal, Dist. Jalgaon. (Appeal abated vide order dated 16.8.1999) 2. The New India Assurance Company Limited, having its office located at Khandesh Mills Shopping Complex, building No. 6, Room. No. 50/51, Jalgaon. ....Respondents. Shri. L.V. Sangeet h/f. Shri. V.J. Dixit, Advocate for the appellant. Shri. A.S. Usmanpurkar h/f. Shri. K.V. Kulkarni, Advocate for the respondent No. 2. Appeal is abated against respondent No. 1. CORAM : R.K. DESHPANDE, J. DATE : 6th August 2009 ORAL ORDER : 1. Heard the learned counsel for the parties. 2 2. This is an appeal, challenging the judgment and order dated 28th of September 1993, passed by the learned Member, Motor Accident Claims Tribunal, Jalgaon in MACP No.129 of 1997, whereby the application filed by the present appellant for for grant of compensation of Rs.23,000/-, was partly allowed only to the extent of Rs.10,400/-. The appellant, therefore, challenges the rejection of his claim for the balance amount. 3. During the pendency of the instant appeal, the appeal against respondent No. 1, who was the truck owner, has been abated as per order dated 16.2.1999, as respondent no. 1 was expired. The plea of the appellant is that it was negligence on the part of the truck driver because of which his auto-rickshaw suffered a damage. This plea, in the absence of the owner of the truck, cannot be adjudicated. The appeal, therefore, stands dismissed with no order as to costs. [ R.K. DESHPANDE, J. ] ssc/fa588.94