* 1 * C.A.3098.2005 in F.A. 366.98 28.3.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3098 OF 2005 IN FIRST APPEAL NO. 366 OF 1998 Milind Ramakaant Karnik .......Applicant V/S. Abdul Sattar M. Anish Nabab and Ors. .........Respondents * * * * * * Ms. Ashwini Takalkar i/by. Mr. Nitin Deshpande, Advocate for the applicant. None for the respondents. Coram : Smt. R.P. SondurBaldota, J. 28 March, 2011. P.C. : 1. This Civil Application is for restoration of the appeal which was dismissed for default on 6th August, 2003. The appeal had already been dismissed against respondents no.1 and 2 on 20th March, 1994 for want of prosecution. Respondent no.1 is the driver of the offending vehicle and respondent no.2 it’s owner. In view of dismissal of the appeal for * 2 * C.A.3098.2005 in F.A. 366.98 28.3.2011 want of prosecution against the owner of the offending vehicle the same cannot be maintainable against the insurer alone. Undisputedly, respondent no.2-the insured had appeared before the Tribunal and contested the claim. In that circumstance, respondent no.2 would be a necessary party to the appeal proceedings, The appeal against the insurance company in the absence of the insured does not survive. Accordingly, the appeal even if it is restored to file, would be required to be dismissed. In that circumstance, the Civil Application is dismissed. [Smt. R.P. SondurBaldota, J]