* 1 * C.A. 3399.2008 in F.A.[st] 14651.2008 25.4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3399 OF 2008 IN FIRST APPEAL [ST] NO. 14651 OF 2008 United India Insurance Co.Ltd ..... Applicant V/S. Arvind Omprakash Mehta .....Respondent * * * * Mrs. Urmila Sanil, adv.for the applicant. None for the respondent. CORAM :- Smt. R.P. SondurBaldota, J. 25 April, 2011. P.C. :- 1. The Civil Application has been served upon respondent no.1 who is absent despite service. As regards respondent no.2, the Civil Application stands abated against him in view of his death. The fact of abatement has been recorded by the Registrar by his order dated 10th March, 2011. 2. Mrs. Sanil, the learned counsel for the applicant, submits that the appeal by the Insurance Company herein is maintainable even in the absence of the insured because the insured had not appeared before the trial Court at all and that the insurance Company had filed an application under Section 170 of the Motor Vehicles Act to contest the claim application on the grounds available to the insured also. In that * 2 * C.A. 3399.2008 in F.A.[st] 14651.2008 25.4.2011 circumstance, the absence of respondent no.2-the owner will not make any difference. 3. Heard the learned counsel for the applicant. 4. Perused the application. For the reasons stated therein, the Civil Application is allowed. The delay of 16 days in filing the First Appeal is condoned. Office to number the appeal and place the same for admission in due course. [SMT. R.P. SONDURBALDOTA, J]