Per Justice G.D.Sharma, J. (Oral) 1. Through the medium of this appeal, order dated 05.03.2005 passed by the Ld. Divisional Forum Jammu (herein after be referred to as Forum) has been challenged on the ground that the appellant had submitted the repair bills showing the expenditure incurred by him for affecting repairs to damaged Insured Motor Vehicle before the Learned Forum which totalled Rs 59,090/- and bill of Rs. 5000/- as the cost of the stereo fitted in the vehicle but without attaching any importance to them, the Learned Forum has given direction to the respondent for the appointment of surveyor to assess the loss caused to the vehicle. The direction was not justified and is bad in the eye of law. 2. We have applied our mind to the facts of the case and find that the respondent has not challenged the order but their counsel Mr. Chauhan advocate is challenging the validity of the licence on the plea that it was renewed during the grace period. This argument cannot be entertained at this stage. From the perusal of the impugned order we do not find any illegality in the direction given to the respondent for the appointment of surveyor because the respondent had failed to get the loss assessed from the surveyor when the claim was pending and itself decided about the invalidity of the driving licence. The repudiation of the claim was not justified. In this view of the matter we find that there is no merit in the appeal which is dismissed but without any order as to cost. The Respondent shall appoint the surveyor within one month and get the loss assessed on the basis of the record available with the respondent as well as with the appellant in accordance with the relevant procedure and the rules. The decision of this case shall have no effect in making the fair assessment. The report should be submitted to the respondent by the surveyor within three months from the date of this order. The respondent cannot raise any plea regarding the invalidity of the driving licence because that finding was not challenged and it has attained finality. The record of the Forum be returned and appeal is consigned to the record.