kbp 1 768-93.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.768 OF 1993 New India Assurance Company ..Appellant Vs. Hanmanta Gurubasu Bilur and ors. ..Respondents ......... None for appellants. Mr.A.N.Gosavi i/b.Mr.P.B.Shah, for respondent no.7. ......... CORAM : A.S.OKA, J.. DATE : 5 th December, 2009. P.C. : 1] The perusal of the farad sheet shows that the appeal is still pending at the admission stage and there is no order of admission passed in this appeal. 2] None present for the appellant. The appellant is the insurer of the vehicle involved in the accident. A claim petition was filed by first to third respondents under Section 110­A of the Motor Vehicles Act, 1939. By the impugned award, the appellant along with two others were directed to pay compensation of Rs. 52,000/­ with interest to the first to third respondents herein. The office noting shows that the appeal stands dismissed for non prosecution as against second and third respondents. The second and third respondents are the original second and third claimants in whose favour the award has been made. kbp 2 768-93.sxw 3] For a period of last 14 years, no steps have been taken for getting the appeal restored as against the second and third respondents. Therefore, the impugned award stands confirmed in so far as second and third respondents are concerned. The first respondent who is the first claimant is not served with the notice. Even if, a case is made out, the appeal cannot be allowed only against the first respondent in as much as the award has been confirmed in favour of the second and third respondents. Therefore, the appeal does not survive and the same is dismissed. If any amount is deposited by the appellant in this court, the same shall be transferred to the concerned Tribunal. The concerned Tribunal shall pass appropriate order regarding the disbursement/withdrawal of the said amount after hearing the parities. ( A.S.OKA, J. )