KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL NO:357/2004 JUDGMENT DATED:18-06-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI. M.K. ABDULLA SONA : MEMBER National Insurance Company Ltd., Thrissur Branch, R/by its Manager, : APPELLANT Ambika Arcade, M.G.Road, Thrissur. (By Adv. Sri.Rajan.P.Kaliyath) Vs. 1. Kalyaniamma, Mattathil Puthanpura- House, Iramellor Post, Kothamangalam-91. (By Adv:Sri.Tom Joseph) : RESPONDENTS 2. M/s Placement Sales and Services Ltd., Koyas Tower, Muvattupuzha. (By Adv:M/s A.Y.Khalid & Nelson J.Manayil) JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the opposite party/Insurance company in OP:336/03 in the file of CDRF, Ernakulam. The appellant is under orders to pay a sum of Rs.15,000/- towards the treatment expenses and Rs.25,000/- towards loss of one eye vide the mediclaim/personal accident policy issued by the appellant. 2. It is the case of the complainant that on 12/10/2002 during the policy coverage period he sustained an injury to her right eye accidentally by piercing the sharp edge of a pineapple leaf while plucking pineapple. She was initially admitted at St.Joseph Hospital, Kothamangalam and there from Little Flower Hospital Angamally. She lost sight of right eye. 3. The opposite parties have disputed the allegation that she sustained an accidental injury. According to them she developed hypopyon corneal ulcer due to old age. She was aged 60. It was also contended that the illness was pre-existing. 4. The evidence adduced consisted of Exts.A1 to A5 and B1 to B4. 5. We find that in the document produced by the complainant ie the mediclaim medical report from of Little Flower Hospital, Angamally it is noted as to the history of illness as “injury with pineapple leaf to the right eye” on 14-10-2002. She was admitted in the little flower hospital. She was an inpatient up to 26/7/2002. PKP was done on 26/11/2002. Loss of vision is also noted in Ext.A4 ophthalmic report. There is no dispute that the policy covered, the treatment expenses as well as Rs.25,000/- for loss of vision of one eye. In the circumstances we find that there is no scope to interfere in the order of the Forum. 6. The Forum has not directed to pay any interest although the incident took place in October 2002. In the circumstances the 1st opposite party/appellant is directed to pay interest at 9% per annum on the amount due except cost from the date of filing of the complaint ie 18/6/2003. The amounts are to be paid within 3 months from the date of receipt of this order failing which the appellant would be liable to pay interest at 12% from today. The appeal is dismissed as above. The office will forward the LCR to the Forum along with the copy of this order urgently. JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL. | 
