Appeal filed by the petitioner has been dismissed by the State Commission as barred by time.  There was a delay of 35 days in filing the appeal before the State Commission.  State Commission came to the conclusion that the petitioner had failed to show sufficient cause for condonation of delay.  Keeping in view the facts and circumstances of the case, we are of the opinion that sufficient cause had been shown to condone the delay of 35 days.

Accordingly, we condone the delay of 35 days in filing the appeal, set aside the impugned order and remand the case back to the State Commission for a fresh decision on merits after affording due opportunity of hearing to both the parties.

          Counsel for the respondent states that against the impugned order of the District Forum, the respondent had filed F.A. No.235/2005, which was partly allowed by the State Commission on 10.1.2010.  By the said order, the State Commission had reduced the amount of compensation.  Respondents are put at liberty to bring this fact to the notice of the State Commission. 

Parties, through their counsel, are directed to appear before the State Commission on 14.12.2010.

Since it is an old case, we would request the State Commission to dispose of the appeal expeditiously and preferably within 4 months from the date of first appearance of the parties.