: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.181 OF 1998 FIRST APPEAL NO.181 OF 1998 FIRST APPEAL NO.181 OF 1998 The New India Assurance Co. Ltd.,Pune ...Appellant V/s. Vishwanath Vithoba Nehare & Anr. ...Respondents Mr.M.G. Barve, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 20TH FEBRUARY, 2008. DATE : 20TH FEBRUARY, 2008. DATE : 20TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. The Appeal is by the insurer of the vehicle involved in the accident. The challenge in the Appeal is to the Judgment and Award dated 10th September, 1997 under Section 140 of the Motor Vehicles Act, 1988. By order dated 16th January, 2001, the Appeal stands dismissed as against respondent No.2. The Respondent No.2 is the insured. 2. The contention of the appellant is that the vehicle owned by respondent No.2 was not insured on the date of the accident with the appellant. The Tribunal has found that the appellant and 2nd respondent are jointly and severally liable. Therefore, even if appellant is to succeed in the Appeal, the 2nd respondent will be the party vitally : 2 : affected by the final order in the Appeal. 3. As the Appeal stands dismissed as against the 2nd respondent by an order which is passed seven years back, the Appeal does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]