1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C. A. NO. 5666 OF 2009 IN F. A. ST. NO. 11135 OF 2009 The New India Assurance Company Ltd.- - Applicant Versus 1. Mainabai wd/o Dattu Kakar, and others - - Respondents Shri A. B. Kadethankar, Advocate for the applicant. CORAM : K. U. CHANDIWAL, J. DATE : 16TH JUNE, 2009. PER COURT : 1. Heard learned counsel for the insurance company. There is delay of 40 days in causing to file the appeal. The insurance company feels aggrieved by the award in M.A.C.P. No. 124/2008 thereby holding the insurance company jointly and severally liable to satisfy the amount covered under no fault liability. The appellant feels that condition precedent in the insurance cover itself is breached and consequently, there requires interference. On the point of delay, the counsel informs that the 2 official sanction took delay in the matter which was unintentional. The delay is condoned. The application is allowed. [ K. U. CHANDIWAL ] JUDGE bsb/June 09/CA 5666.09