Per Justice G.D. Sharma, J. 1. Counsel of the parties present. 2. The Learned Divisional Forum Jammu (herein after referred to as Forum) has allowed the complaint of the complainant and granted him the relief of being indemnified by the respondent to the tune of Rs. 2,23,500/- alongwith interest at the rate of 7% per annum from the period two months after surveyor's report till realization. Litigation charges have been awarded in the sum of Rs. 2500/- 3. The order has been challenged inter alia on the ground that the insured bus was overloaded because it had seating capacity of maximum number of 38+2 passengers but at the time of the accident it was overloaded and that became the cause of accident. The next ground is that the driver was not having a valid and effective driving licence at the time of the accident. 4. With the assistance of Counsel of the parties, we have scanned the record and find that there is not even an iota of evidence to prove the fact that the bus at the time of accident was overloaded and that the driver was having an invalid driving licence. The Learned Forum has effectively dealt with the above stated two grounds in the memo of appeal which were the defences taken up in the written version. From the record, the Forum has held that as per the Registration Certificate, of the vehicle in question the number of seating capacity was 42. In the insurance policy besides the seating capacity of the 42 passengers the strength of conductor and driver was also insured. The record has also established that the driver of the insured bus was authorized to drive heavy goods vehicle w.e.f 24.08.1999 and there was endorsement of the driving licence of the driver to drive public service vehicle w.e.f 24.02.2000. 5. In this view of this settled factual position of the case we have failed to understand how the appellant insurer has chosen to file this meritless appeal and blocked the payment of the indemnified amount in favour of the respondent. In this view of the matter, we uphold the impugned order and dismiss the appeal with cost of Rs.4000/-. The appeal is consigned to records and the record of the Forum be returned at once.