spb/- 1 ca6605-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 6605 OF 2007 IN FIRST APPEAL (ST.) NO. 28783 OF 2007 ALNOGWITH FIRST APEPAL (ST.) NO. 28783 OF 2007 The Oriental Insurance Co. Ltd., ... Applicant/Appellant. V/s. Mrs. Gudiadevi Pintu Raut ... Respondent. --- Mr. A.S.Vidyarthi for the Applicant/ Appellant. ----- CORAM : D. G. KARNIK, J. DATE : 24th FEBRUARY, 2011. P.C. 1 This civil application is for condonation of delay in filing of an appeal against an Award passed under Workmen’s Compensation Act. On the request of the applicant, the name of the respondent no.2 has been deleted as per order dated 9th March, 2010. In my view the application is required to be dismissed in view of the deletion of the name of the respondent no.2 for the reasons indicated below : 2 The respondent no.1 is an employee and respondent no. 2 is his employer. An Award has been passed against the respondent no.2- employer on the claim application filed by the respondent no.1. The liability of the Insurance Company is only to indemnify the respondent no.2. Since the Award has become final against the respondent no.2, who spb/- 2 ca6605-07.sxw is an employer, the appeal by the insurance Company has become infructuous. The respondent no.2 was thus a necessary party to an appeal as well as to the delay condonation application. Since, his name has been deleted, the civil application is required to be dismissed and it is accordingly dismissed. Consequently, the First Appeal (St.) No. 28783 of 2007 also stands rejected as barred by limitation. [D.G. KARNIK, J.] .....