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 3.                  Pursuant to issuance of notice, Opposite parties appeared before the Ld. Lower Commission and contested the complaint.  OP No.1-Joshi Automotive Pvt. Ltd. in its  written version while admitting the factual matrix of the case, stated that the vehicle in question was reported to the workshop of the answering OP on 26.8.2020.  It was further  stated that the engine of the complainant's vehicle was severely damaged due to the water getting into the engine, when it was passing through water logged area.  It was also stated that after inspection of the vehicle, it was found that the engine block was damaged and engine oil had already drained.  It was further stated  that the answering Opposite Party, upon observation found that water was found inside the engine and it was concluded that the current condition of the engine was due to HYDROSTATIC LOCK, a specific type of Automotive engine Damage that occurs when the water enters the engine and is compressed in one or more cylinders.  It was further stated that the damage sequence often called is "hydrostatic lock", when the water enters a typically automotive engine cylinder during the intake stroke and in this case also, water having been sucked in the engine, as the car had gone through a water logged area.  It was pleaded that the claim of the complainant fell within the purview of the insurance policy issued by OP No.3 and was not covered by OPs No.1 & 2.  It was pleaded that there was  no deficiency in service and denying all other allegations, a prayer was made for  dismissal of the complaint.

10.              There is no denying the fact that the car in question was received by the workshop of M/s Joshi Automotives Pvt. Ltd. -respondent No.2 through towing/recovery van. It was  case of respondent No.2 that after inspection of the vehicle, it was found that engine block was damaged and engine oil was already drained. Required parameters were followed and after diagnosis, it was observed that water entered into the engine, when it was passing through water logged area and it was concluded that the current condition of the engine was due to Hydrostatic lock- a specific type of Automotive Engine damage that occurs when the water enters the engine and is compressed in one or more cylinders. The damage sequence often called is "hydrostatic lock' when the water enters a typically automotive engine cylinder during the intake stroke. Water, unlike the fuel/air mixture is incompressible and during the compression stroke, locks the piston. This condition tends to overload the connecting rod, causing a bend of the rod and severe engine damage. A common way for water to enter the engine is when the car is driven through water logged area, sufficiently deep, to allow water suction into the air intake system of the vehicle. In its reply to the complaint, respondent No.2 took up the above plea and stated that in the car in question, water having been sucked in the engine, as the car had gone through a water logged area.