The District Forum has jurisdiction to try a claim for insurance under the Consumer Protection Act, 1986 and the Insurance company is liable to pay interest on the amount awarded by the District Forum from the date of filing of the complaint till the date of payment.

Mr. Justice K.C. Bhargava, President — Both the appeals have been directed against one judgment, hence both the appeals are being disposed of by a common judgment. Against the judgment dated 25.8.1994 passed by District Forum, Kanpur Nagar in Complaint Case No. 953/93 both the parties have filed appeals.

2. The facts of the case are:

That Sri Madan Gopal Chopra purchased Mahendra Jeep Model 1992 in the year 1992 and got it insured for Rs. two lacs with Oriental Insurance Company from 15.10.1993 to 14.10.1994. The jeep was used for self- employment. While the jeep was going towards Orai on 18.6.1993, it met with an accident on Panki Bridge with truck No. 3220 and the driver of jeep Sri Ganesh Prasad got hurt in the accident. He had a valid driving licence at the time of accident. A report was lodged in Panki Police Station and the claim was also lodged with Insurance Company on 23rd June, 1993. The Insurance Company appointed a Surveyor Sri A.K. Misra but he did not submit his survey report. Therefore, Sri V.K. Malhotra was appointed as Surveyor. He submitted his report. The complainant enquired into the matter from Insurance Company several times but no satisfactory reply was received by him. Hence, he filed complaint case before the District Forum and claimed the insured amount alongwith 24% per annum interest thereon alongwith Rs. 2,000/- as cartage charges and Rs. 1,500/- as fee charges of Advocates.

3. The opposite party Insurance Company filed its reply and has alleged that the jeep was insured with the Company. For damages Sri V.K. Malhotra, Surveyor was deputed who submitted his report on 23.8.1993 whereas Sri A.K. Misra, Surveyor submitted his report on 19.7.1993. It was further said from the side of Insurance Company that the case has yet not been finalised and the complaint is pre-mature. Hence, the Forum has no jurisdiction to try the claim. On 26.11.1993 the Insurance Company had written to the claimant for giving his consent to settle the claim finally for Rs. 1,35,000/-.

4. The learned District Forum after perusing the evidence and facts of the case awarded Rs. 1,90,000/- as insurance amount for damage of jeep and Rs. 500/- as cost with 18% p.a. interest thereon in case the amount is not paid within 60 days.

5. We have heard learned Counsel for the parties and have perused the evidence of both the parties placed before us.

6. Learned Counsel for Sri Madan Gopal Chopra has raised a preliminary objection about limitation. According to him the appeal filed by Insurance Company is barred by limitation as the same has not been filed within the period of limitation. Further, according to learned Counsel, the Insurance Company has alleged that this appeal has been filed by Oriental Company on 10.10.1994. But copy of judgment of District Forum dated 25.8.1994 shows that the copy of judgment was issued on 7.10.1994. This appeal being within 30 days of the issue of the copy is within time. But the complainant has filed question/answer obtained by him from District Forum in regard to the same Complaint Case No. 453/93, perusal of which shows that in this case copy of judgment was issued to the Insurance Company on 31.8.1994. Thus, when the copy had been issued to the Insurance Company on 31.8.1994 the appeal should have been filed within 30 days of its obtaining i.e. by September, 1994. But the appeal has been filed on 10.10.1994 which obviously shows that it is barred by limitation. According to learned Counsel for Insurance Company there is a delay of only 7 days in filing the appeal and that such delays can be condoned keeping the merit of the case in view. No doubt, it is true as evident from the case cited by learned Counsel from Insurance Company wherein it has been held that in Government Department and Public Undertaking the working is not so smooth as in private sector and Government Department's decision of filing an appeal has to be taken at the highest level. Therefore, some allowance has to be given to such depa