I.A. No. 1024 of 2009

Heard learned counsel for the appellant and the learned counsel for the respondents in the limitation matter.

2. The delay is of 111 days which has been sufficiently explained. Hence, this application is allowed and delay of 111 days in filing the appeal is condoned.

3. The aforesaid I.A. No. 1024 of 2009 stands disposed of. M.A. No. 353 of 2008

4. We have also heard on the merit of the appeal.

5. This appeal has been filed by the appellant-Insurance Company challenging the interim award passed under Section 140 of the M.V. Act solely on the ground that the vehicle was being used in breach of terms of policy. Admittedly the vehicle was insured. Hence, the appellant-Insurance Company cannot disown from its liability, so far satisfaction of the interim award under Section 140 of the M. V. Act is concerned.

6. Hence, there is no merit in this appeal, the same is accordingly dismissed. .

7. The appellant is permitted to withdraw the statutory amount• so that it could be paid to the claimant.