spb/- 1 ca5220-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 5220 OF 2008 IN FIRST APPEAL (ST.) NO. 24192 OF 2008 ALONGWITH CIVIL APPLICATION NO. 5221 OF 2008 IN FIRST APPEAL (ST.)NO. 24192/2008 United India Insurance Co. Ltd., ... Applicant/Appellant. V/s. Smt. Lilavati Dnyanoba Korekar & Ors. ... Respondents. --- Mr. N.G. Ghotekar for the Applicant/Appellant. ----- CORAM : D. G. KARNIK, J. DATE : 21ST FEBRUARY, 2011. P.C. 1 This application is for condonation of delay in filing of an appeal. Respondent No.4 in the appeal and in the delay condonation application is an owner of the vehicle insured with the applicant insurance company. By reason of a conditional order dated 4 April, 2010, the civil application has been dismissed against respondent no.4. No application for setting aside that order is filed till today. Dismissal of the civil application against the respondent no.4 has become final. 2 In my view, the respondent no.4 is a necessary party for the application for condonation of delay inasmuch as the liability of the spb/- 2 ca5220-08.sxw insurance company is co-extensive with the liability of the owner of the vehicle and the insurance company is only required to indemnify the respondent no.4 against whom an Award is passed. As civil application is dismissed against the respondent no.4, the entire civil application is required to be dismissed and is hereby dismissed. 3 In view of the dismissal of the delay condonation application the Appeal (st.) No. 24192 of 2008 is also dismissed as barred by limitation. 4 In view of the dismissal of the appeal itself, the civil application no. 5221 of 2008 does not survive and the same is also disposed of. [D.G. KARNIK, J.] .....