KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FIRST APPEAL 164/08 JUDGMENT DATED: 24.7.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER The Branch Manager, : APPELLANT National Insurance Company Ltd., M.M.Junction, Kolenchery, Ernakulam District. (By Adv.Rajan.P.Kaliyath) Vs. Gregorious, : RESPONDENT S/o Varghese, 100, Vattavayalil House, Sahyagiri Post, Marayoor Village, Idukki District. (By Adv.P.Rahim) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/Insurance Company in CC.62/07 in the file of CDRF, Idukki. The appellant is under orders to pay a sum of Rs.32,320/- to the petitioner with interest at 12%. 2. The case of the complainant is that he is the owner-cum driver of the Bajaj autorikshaw and that during the period of policy coverage there was an accident on 11.3.06 and he sustained serious injuries ie, fracture on the right tibia. He was inpatient on 25 days and spent a sum of Rs.80,000/- for treatment. He could not drive the autorikshaw for 5 months after the accident. 3. In the version filed by the opposite party the case is that personal accident cover is restricted to certain eventualities named in the conditions of the policy ie death, loss of 2 limbs or one sight of two eyes or loss of one limb and sight of one eye, or permanent total disablement from other injuries other than named above. 4. The evidence adduced consisted of the testimony of PW1; Exts.P1 to P5 and R1. 5. The Forum has allowed the complaint on the ground that the terms and conditions of the policy was not given to the petitioner at the time of paying the premium. We find that as per the terms of the policy the complainant is not entitled for any amount as a personal accident cover is confined to the specified injuries mentioned therein. Injuries sustained by the complainant although serious in nature does not fall in any one of the above category. It is not mentioned in the complaint that the conditions of the policy was not issue to him. We find that the appellant is only bound by the terms of the contract and hence as the injuries sustained by the complainant do not attract the injuries specified in the policy conditions the complainant will not be entitled for any compensation. Hence the order of the Forum is set aside. The appeal is allowed. Office will forward the LCR along with the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER ps | 
