NATIONAL INSURANCE CO LTD. Vs. KUSUM SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the impugned order dated 11.2.2008, whereby the appellant has been directed to indemnify the loss by way of theft in the following terms:

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) IMPUGNED order has been assailed mainly on the ground that the vehicle in question was not roadworthy as it did not have permit, road tax deposit challan was not valid and fitness was only upto 5.3.2005, which was in contravention of provision of Motor Vehicles Act, secondly that the District Forum has not allowed the depreciation of 10% while assessing the market value of the vehicle against the insured declared value (IDV) and thirdly the District Forum has also not directed the respondent to transfer the registration of the vehicle in the name of the appellant.