Thiru Justice A. Raman, President—The complainant’s case is as follows : He is the registered owner of the vehicle bearing Registration No. TN-43-4663, Maruti Omni van. The vehicle is covered under a comprehensive insurance policy by the opposite party. The vehicle met with an accident resulting in its extensive damage, whereupon the complainant preferred a claim to the opposite party for the damages sustained. The same was erroneously repudiated by the opposite party. Therefore, the present complaint has been laid for a sum of Rs. 32,577/- with compensation of Rs. 10,000/- for mental agony and sufferings, and for costs of Rs. 1,000/-.

2. The opposite party Insurance Company repudiated the damage claim stating that there was a breach of condition by the complainant and that the complainant had used the car as a tourist taxi and this was not informed to the opposite party and since the vehicle was used as a tourist taxi for hire and reward, there was a fundamental breach of the contract and, therefore, they are not liable.

3. The lower Forum accepted the complaint on the ground that the policy being a comprehensive one, the accident is well covered and, therefore, it directed the