Gurusharan Sharma, President—This appeal is directed against the judgment dated 12.2.2008, passed by West Singhbhum District Consumer Disputes Redressal Forum at Chaibasa, in Consumer Complaint No.122 of 2006, whereby the appellant has been directed to pay the insurance amount of Rs.57,723.00 with interest @ 5% per annum from 20.6.2006 till payment and compensation of Rs.5,000.00 along with litigation cost of Rs.1,000.00 to the complainant-respondent.

2. According to the office report, the appeal is barred by time. Limitation expired on 13.3.2008, whereas the appeal was filed on 10.4.2008. In an application, filed under Rule 8(4) of the State Rules for condonation of delay, it has been stated that true copy of the impugned judgment was delivered on 5.3.2008 and from the said date the appeal was filed on 35th day. Five days delay was caused in completing official formalities, including legal sanction to prefer appeal. These statements are uncontroverted. Hence, delay in filing the appeal is condoned.

3. Admittedly, the complainant’s Palio Car (JH-01E-2500) was insured with the New India Assurance Company Limited for the period from 13.3.2004 to 12.3.2005. Unfortunately, on 21.1