IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.8792 OF 1999. APPLICATION NO.8792 OF 1999. APPLICATION NO.8792 OF 1999. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.36129 OF 1999. APPEAL (ST) NO.36129 OF 1999. APPEAL (ST) NO.36129 OF 1999. The New India Assurance Co Ltd ...Applicant Versus. Murlidhar Shambuprasad Tiwari & Anr. ...Respondents Shri Dilip Mahadik for the Applicant. Shri B.K.Raje for the Respondent Nos.3 and 4. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 29th February, 2008. : 29th February, 2008. : 29th February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant. The application stands abated as against the respondent Nos.1 and 2. Advocate for the applicant seeks time to take steps. 2. Order of abatement as against the respondent Nos.1 and 2 was passed on 23rd February, 2007. The present application for condonation of delay is of the year 1999. The challenge in the First Appeal is to the award of the Motor Accident Claims Tribunal passed in April 1999 in Claim Petition of the year 1988 arising out of accident of 10th September, 1988. As this application stands abated as against the respondent Nos.1 and 2 who are the original claimant Nos.1 and 2, the impugned award has become final in so far as the said respondents are concerned. Therefore, even if delay is to be condoned and the applicant is to succeed : 2 : 2 : 2 : in the appeal, an award cannot be made which is inconsistent with the award which stands confirmed in favour of the respondent Nos.1 and 2. In view of the abatement of the appeal against the respondent Nos.1 and 2, this application does not survive and the same is disposed of. Civil Application No.8793 of 1999 does not survive and is disposed of. If any amount is deposited by the applicant in this Court, the same shall be transferred to the concerned Tribunal. The concerned Tribunal will pass appropriate order for disbursement of the said amount. Judge. Judge. Judge.