IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.401 of 2004 1.TRIVENI SAH S/o late Bhajan Sah 2.Sarswati Devi W/o Triveni Sah Both are resident of village Brindaban,P.S. Uchkagaon, District Gopalganj ---Appellants/Petitioners/Claimants Versus 1.Kamurallah Sidique S/o Majullah, resident of village Hathura, P.S.Hussainganj,Dist.Siwan 2.Noor Alam S/o late Sawkat Mian, resident of village Brindaban, P.S.Uchkagaon,Dist.Gopalganj 3.Nurain S/o Sawkat Mian 4.Sakil Ahmad @ Guddu S/o Nurain Mian Both are the resident of village Brindaban, P.S. Uchkagaon, District Gopalganj 5.National Insurance Com.Ltd. Siwan Branch ---Respondents/opp.parties ----------- 12. 07.11.2009 Heard learned counsel for the appellants, learned counsel for the respondents nos. 3 & 4 and learned counsel for the respondent no.5 the Insurance Company. Learned counsel for the respondent no.5 states that the appeal stood dismissed for non-compliance of the peremptory order dated 22.7.2008 as against the respondent nos. 1 and 2. It is stated that the respondent no.1 is the owner of the motor vehicle in question and the owner of the vehicle is a necessary party to such claim proceeding at the appellate stage. It is further stated that the Insurance Company has responsibility to indemnify the owner of the vehicle who has taken the policy and since the appeal stands dismissed as 2 against the owner then the whole appeal would stand abated and cannot proceed. In support of the aforesaid stand learned counsel relies upon an order of a learned Single Judge of this Court dated 30.3.2009 passed in M.A.No.299 of 2005 in the case of Jang Bahadur Singh & ors. vs. Raj Kishore Singh. Learned counsel for the appellants was unable to meet the aforesaid submissions except to say that the Insurance Company having contested the entire matter the appeal would not abate. In view of the aforesaid order dated 30.3.2009 this Court is of the view that the appeal cannot proceed and the same having abated is dismissed. (Ramesh Kumar Datta,J.) spal/