KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 111/2010

                              JUDGMENT DATED:23..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

          M/s Oriental Insurance Company Ltd.,

            Divisional Office No:II, Kannur,

            R/by its Divisional Manager,                                    : APPELLANT

            Divisional Office-1, TVPM.

(By Adv:Varkala.B.Ravikumar)

                        Vs.

1.         Raju Kolasery,

            Kolasery house,

            Chettiyamparambu, Kelakam.

2.         Kshema,

            Kolassery house,                                                      : RESPONDENTS

            Chettiyamparambu, Kelakam.

3.         TTK Health Care services Pvt. Ltd.,

            1400, Mareena buildings,

            M.G.Road, Cochin.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party/insurance company in CC:9/2006 in the file of CDRF, Kannur.  The appellant is under orders to pay a sum of Rs.9070/- and Rs.2000/- towards compensation and Rs.1000/- as cost.  The case of the complainant is that she underwent appendectomy by laparoscopic surgery and was inpatient for 5 days, Lourde hospital, Kochi.  The claim was repudiated on the ground that she underwent along with the above surgery, another surgery for Endometriosis.  It is the contention of the opposite party/appellant that treatment for infertility is not covered and Endometriosis is connected with infertility.

2. The evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A6 and B1 to B6.

3. We find that the total amount claimed is Rs.18141/-.  The fact that she underwent appendectomy by laparoscopic surgery is not disputed.  The fact that she underwent treatment for Endometriosis during the above surgery is the reason for reducing the amount of expenses by half at the instance of the claim administrators/2^nd opposite party of the 1^st opposite party.

4. We find it is absurd on the part of the appellant to reduce the claim by half on the ground that during the same surgical process the complainant underwent another treatment also.  The total amount claimed for the hospitalization and surgery is only Rs.18141/-.   We find that there is no scope for admitting the appeal.  The appeal is dismissed in-limine. 

The office will forward the copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.