Per Justice G.D. Sharma, J. (Oral) 1. Through the medium of this appeal Order dated 12.02.2007 passed by the Learned Divisional Forum Jammu (hereinafter be referred to as Forum) has been challenged. The Forum had indemnified the respondent to the extent of Rs. 3,64,642/- alongwith interest at the rate of 6% per annum from December 2003 (3 months after the surveyor's report) till its realization. The respondent was directed to deliver salvage with RC to the appellant and then appellant had to indemnify the respondent to the extent as stated above alongwith litigation charges in the sum of Rs. 2000/-. The order has been challenged mainly on the ground that there is a factual error in the impugned order because as per the terms and conditions of the Insurance Policy, the car in question was insured on Insured Depreciated Value of Rs. 3,46,410/- , whereas, its net sale price was mentioned in the Insurance Policy at Rs. 3,64,642/-. The next ground taken was that the insured car was in a position to be repaired but the Learned Forum has not correctly appreciated the evidence and that the assessed amount by the surveyor in the sum of Rs. 1,86,049/- was offered to the respondent but he did not agree to accept it and thus there was no deficiency in service 2. Heard the arguments. 3. Mr. Vishnu Gupta has shown us from the covering note of the Insurance Policy where indubitably the insured depreciated value at the time of issuing the Insurance Policy in question was shown as Rs. 3,46,410/- and net sale price was shown at Rs. 3,64,642/-. It is thus found that Learned Forum had fallen into factual error in valuating the insured depreciated value of the car in question and thus indemnification should have been to the extent of insured interest which was in the sum of Rs. 3,46,410/-. Accordingly the appeal is accepted and the impugned order is modified to the extent that the appellant is liable to pay sum of Rs. 3,46,410/- minus Rs. 4000/- as depreciation value of the insured car as from the date of its insurance till the occurrence took place four months period had expired and during that span, the insured car had been plied. In taking this view, we are fortified by the decision of the Hon'ble Supreme Court given in the case of Dharmendra Goel v. Oriental Insurance Co. In taking this view, we are fortified by the decision of the Hon'ble Supreme Court given in the case of Dharmendra Goel v. Oriental Insurance Co. Ltd., 2008 ACJ 2621 (SC). There is no evidence of credible nature on the record to show that actual loss suffered by the respondent was to the extent of the amount assessed by the surveyor because other evidence which is of cogent and convincing nature has established that it was a case of total loss. The Learned Forum has fully discussed this aspect of the case in detail in the impugned order. The litigation charges as awarded by the Forum are maintained and appeal is accordingly decided with the modification of the order as indicated above. The appeal is consigned to records and record of the Forum be returned at once.