Thiru Justice A. Raman, President—The complainant made a claim to the opposite party with reference to his new Ambassador Car No. TN-72-1782 which was used as a tourist taxi on the ground that it met with an accident and, therefore, the Insurer is liable to compensate the complainant.

2. The opposite party repudiated the claim stating that the damage to the vehicle was caused only due to mechanical breakdown and not due to any accident and that the failure of engine had taken place due to failure of the cap bolt of the third connecting rod and that it is not due to any external act that the damage to the vehicle had happened and, therefore, the Insurance Company is not liable.

3. The lower Forum directed the opposite party to pay a sum of Rs. 22,661/- towards repair charges and also to pay a sum of Rs. 1,000/- as damages and Rs. 1,000/- as cost. Hence the present appeal.

4. The complainant’s case is that on 9.2.1992 an accident took place when the vehicle was proceeding on the Sankarankoil Taluk-Shanmuganallur Road where a person suddenly darted across the road and the driver in order to avoid accident turned the wheel to the left and at that time the bottom part of the vehicle c