spb/- 1 fa212-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 212 OF 2009 ALONGWITH CIVIL APPLICATION NO. 827 OF 2009 IN F.A.NO.212/2009 The New India Assurance Co. Ltd., ... Appellant/ Applicant. V/s. Smt. Pranita Pradeep Jadhav & Ors. ... Respondents. --- Mr. A.Z. Mookhtiar for the Appellant/Applicant. Mr. M.G. Pawar for Respondent No.1. ----- CORAM : D. G. KARNIK, J. DATE : 24th JANUARY, 2011. P.C. 1 Heard. 2 By order dated 14th January, 2011 the Appeal was dismissed against respondent no.5 for not taking steps for service against the respondent no.5. The matter was thereafter adjourned and the appellant was called upon to state as to how the appeal survives in view of its dismissal against respondent no.5. 3 The respondent no.5 is the owner of the Motor Vehicle and against whom an Award has been passed. The appellant is a Insurance Company. The liability of the appellant with the Insurance Company is co-extensive spb/- 2 fa212-09.sxw with the liability of the respondent no.5. It is liable to indemnify him. Since the decree has become final qua respondent no.5 the entire Appeal is liable to be dismissed. 4 Hence, the Appeal is dismissed. 5 In view of the dismissal of the appeal itself, the civil application no. 827 of 2009 does not survive and the same is disposed of. [D.G. KARNIK, J.]