JUDGMENT 1. Quantum of Compensation of Rs.1,02,000/-with interest, at the rate of 7% per annum awarded to the first and second respondents/claimants, who are the third party accident victims, has been challenged in this appeal, with a delay of 59 days in filing. 2. Though the appeal has been filed in the year 2006, challenging the liability fastened on the Insurance Company with a contention that the tanker lorry, viz., a hazardous vehicle, ought to have been driven with a specific type of endorsement and when the absence of the same has been proved by examining RW.1 – Junior Assistant of the Regional Transport Office, so far, the owner of the vehicle has not been served from 2006 onwards. 3. On this day, when the matter came up for hearing, Mr.Arunkumar, learned counsel for the Insurance Company submitted that the entire award amount of Rs.1,02,000/- with proportionate accrued interest and costs deposited to the credit of MCOP.No.71 of 2005 on the file of the Motor Accident Claims Tribunal (District Court), Nagapattinam, has already been withdrawn, by the respondents 1 and 2/ claimants. 4. In view of the above submission of the learned counsel for the appellant and on the fact that till now, the owner has not been served, this Court is of the view that no useful purpose would be served in retaining the appeal on file. Further adjudication is not called for. 5. In fine, the Civil Miscellaneous Appeal (SR).No.44012 of 2006 is dismissed. Connected Miscellaneous Petition is closed. No costs.