1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 687 OF 2009 Shantaram Ramchandra Bakre and others .. Appellants Versus Raosaheb Haribhau Dhokane and another .. Respondents Shri V. S. Bedre, Advocate for Appellants. Appeal abated against the Respondent No. 1. Shri U. S. Malte, Advocate for the Respondent No. 2. CORAM : K. K. TATED, J. DATE : 22ND NOVEMBER, 2010. PER COURT : . Heard learned counsel Mr. Bedre for appellants and Mr. Malte, for the respondent No. 2. 2. As per order dated 18th January, 2010 appeal is dismissed against the respondent No. 1/original owner. The present appeal is preferred by original claimants against the judgment and 2 award dated 21.11.2008 passed by Motor Accidents Claim Tribunal Sangamner in M.A.C.P. No. 27/2003 for enhancement of compensation. Once the appeal is abated against owner, nothing survives in the present first appeal. The same view is taken by Mahdya Pradesh High Court in the case reported in AIR 2000 Madhya Pradesh 121, Smt. Sushila and another Vs. Rajveersingh and others. Head note A reads as under : (A) Motor Vehicles Act (59 of 1988), Ss. 173, 147, 149 - Appeal - Claimant filing appeal for enhancement of compensation - No service of notice preferred by claimant on owner due to his death and on driver as being unnecessary - Appeal for enhancement against insurer only, whose liability is limited and is co-extensive with that of owner i. e. insured - Not maintainable - L.Rs. of owner having no been brought on record appeal abates. 3. In the above mentioned facts and circumstances appeal is dismissed. [K. K. TATED, J.] bsb/Nov. 10