1 FA No.1855/08 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1855 OF 2008 The New India Assurance Company Ltd. ... Appellant versus (i) Dilip Amrut Bhadane (ii)Mahadev Babasaheb Sangolkar (iii)Bapusaheb A. Patil (iv)Raosaheb Bhausaheb Pawar ... Respondents ... Mr. U.K.Sanil for the appellant Mr.A.R. Kapadnis for respondent no.1. CORAM : D.G. KARNIK, J DATED : 14th January 2011. P.C. 1. Heard learned counsel for the appellant and learned counsel for respondent no.2. 2. By reason of self operative order dated 13 August 2009, the appeal against respondent nos.2 and 3 has been dismissed for not taking of the steps for service on respondent nos.2 and 3. Respondent no.3 in the appeal is Mr.Bapusaheb A. Patil. Bapusaheb Patil was the opponent no.2 before the Motor Accident Claims Tribunal and is the 2 FA No.1855/08 owner of the truck. This is clear from the observations made in paragraph no.17 of the order of the Tribunal. Which reads as follows: “The Opponent no.2 is the owner of the truck and Opponent no.3 is the insurer of the truck and therefore they are jointly and severally liable to pay the said compensation.” 3. The award of compensation passed against Bapusaheb Patil (original opponent no.2) before the Tribunal and respondent no.3 before has become final by reason of the dismissal of the appeal against him. No steps have been taken for setting aside that order of dismissal till today. The liability of the insurance company is co- extensive with the liability of the owner. Since the award has become final against the owner, by reason of the dismissal of the appeal against him, the entire appeal is required to be dismissed and is accordingly dismissed. (D.G.KARNIK, J)