1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.137 OF 2007 IN FIRST APPEAL (ST.) NO.25863 OF 2006 WITH CIVIL APPLICATION NO.138 OF 2007 The Oriental Insurance Co. Ltd. .... Applicant Vs. Mr. Jaywant Vishnu Rediz & Anr. .... Respondents Mr. D.S. Joshi, Advocate for applicant. Mr. R.S. Datar, Advocate for respondent no. 1. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 31st March, 2011 P.C. This application is by the Insurance Company for condonation of delay in filing the appeal to challenge the judgment and order of the Tribunal awarding compensation in a motor accident claim. Respondent no.1 is the claimant and respondent no. 2 is the insurer. On 4th August 2010, the applicant sought deletion of respondent no.2 as the applicant found it difficult to serve notice of the application upon respondent no.2. Since the appeal is by the insurer, it cannot be maintainable where the insurer seeks to contend that the insurer is not liable to indemnify the 2 insured. Therefore the present civil application in the absence of the insured is not maintainable. Hence, the application is dismissed. 2. In view of the dismissal of the Civil Application No.137 of 2007, the First Appeal (Stamp) No.25863 of 2006 and the Civil Application No.138 of 2007 do not survive, the same are accordingly disposed off. ( Smt. R.P. SondurBaldota, J.)