KERALA   STATE   CONSUMER   DISPUTES   REDRESSAL

COMMISSION   VAZHUTHACAUD,   THIRUVANANTHAPURAM.

  APPEAL  NO. 411/2009

                   JUDGMENT DATED:27-11-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                            :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                                  : MEMBER

National Insurance Company Ltd.,

Keyees Shopping Complex,                                           : APPELLANT

Narangapuram, Post Thalassery.

(By Adv.Sri.Rajan. P Kaliyath)

            Vs.

K.Satheesan,

Kulangara House, Post Kurichiyil,                                : RESPONDENT

Thalassery-2.

(By Adv.Sri. K.P.Jayaraj)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants are the opposite parties/insurance company in CC.280/06 in the file of CDRF, Kannur.  The appellants are under orders to pay a sum of Rs.22,544/- and cost of Rs.1000/-.

 2. The case of the complainant who is a coconut tree climber is that on 5/2/2006 he fell down from the coconut tree and sustained serious injuries and sustained fracture on one of the ribs on the right side.  As per the medical certificate issued by the doctor it is advised to take rest up to 5/10/2006.  As per the terms of the policy the opposite party is liable to pay 1% of the total policy amount per week during the period, the assured was unable to do work.  The opposite party/appellant only allowed Rs.10,000/- as per the above condition and Rs.1,700/- for the treatment expenses.  The contention of the opposite party/appellant is that he was an inpatient in the hospital only for one week and that he was not having total temporary disablement.  It is only on humanitarian consideration that the amount was paid treating the period as 10 weeks.

3. The evidence adduced consisted of the testimony of PW1, DW1 and Exts.B1 to B5.

4.  We find that as per Ext.B3 certificate issued by the doctor in the proforma of the opposite parties and produced by the opposite parties it is mentioned that the complainant aged 37 years sustained fracture of the right transverse process of the lumbar vertebrae.  He has been advised bed rest up to 5/10/2006.  The date of the accident is 5/2/2006.  The temporary disablement is mentioned as 100%.  The opposite parties have not adduced any contra evidence in this regard.  In the circumstances there is no reason to discard Ext.B3.  Hence we find that there is no scope for interference in the order of the Forum.  The appeal is dismissed.  The opposite parties/appellants are also directed to pay interest at 8% per annum on the amount of compensation ordered to be paid from the date of complaint ie 4/12/2006.  The opposite parties are directed to make the payment within 2 months from the date of receipt of this order, failing which the complainant will be entitled for interest at 12% per annum from 27/11/2010 the date of this order.

In the result the appeal is dismissed.

The office will forward the LCR to the Forum along with the copy of this order.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR: MEMBER

VL.