IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MFA.No. 162 of 2007() --------------------- WCC.173/2002 of W.C.C.,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY: ------------------------------------------------------------ THE NATIONAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS MANAGER, MOTOR THIRD PARTY CELL, AJAI VIHAR, M.G.ROAD, ERNAKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): APPLICANT/1ST OPPOSITE PARTY: -------------------------------------------------------------------------------- 1. FRANCIS @ SEBASTIAN, S/O DEVASSY, KAVUNGAL HOUSE, VELLIKULANGARA P.O., THRISSUR. 2. SHAJI ANTONY, S/O C.K.ANTONY, CHRIYATH HOUSE, P.O.ENGANDIYOOR, THRISSUR DISTRICT. ADV. SRI.M.V.MATHEW FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2017/2007 IN M.F.A.NO.162/2007 DISMISSED 9/12/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J ----------------------- M.F.A.No. 162 OF 2007 --------------------------------- Dated this the 9th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Workmen's Compensation Commissioner, Thrissur in W.C.C. No. 173/2002. The claimant, a conductor by profession, sustained injuries in a road accident and the tribunal fixed his compensation at Rs. 99,830/-. The Insurance Company has come up in appeal challenging the quantum as well as the interest. The question of law argued before me are that the burden is caused on the Insurance Company to prove the income of the conductor and also the entitlement of interest is only from the date of award and not from the date of accident. The finding of the Workmen's Compensation Commissioner that income has to be proved by the Insurance Company is totally opposed to law and therefore it requires interference. After hearing both and considering the number of days a conductor will be employed , I fix the income at Rs. 3,000/-, loss of earning capacity at 20% and age factor for 30 years, Rs. 207.98 and calculate the compensation. When it is done the amount will be Rs. 74,873/-. So the amount is revised accordingly. 2. So far as interest is concerned, the learned counsel had relied upon the decision of the apex Court in National Insurance M.F.A.No. 162/2007 -2- Co. Ltd. vs. Mubasir Ahammed & Another [2007 (2) SCC 349] and contended for the position that interest is only to be given from the date of award. The Division Bench of this court in the decision reported in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386] had held that the apex court in the decision reported in Pratap Narain Singh Deo v. Shrinivas Sabata and another [AIR 1976 SC 222] had held that the interest is to be awarded from the date of accident and it also held that when there is conflict between apex court decisions, the decision of the larger Bench will prevail and accordingly the Devision Bench held that the entitlement is from the date of accident. So on the basis of the said decision, the interest awarded need not be disturbed. Therefore the M.F.A is partly allowed and the compensation is refixed at Rs. 74,873/- with simple interest of 12% from 16.3.2002 till date of deposit. If any excess amount is available with Workmen's Compensation Commissioner in the light of the reduction of compensation, it shall be returned to the Insurance Company on appropriate application and the amount awarded by me be released to the claimant on appropriate application. The M.F.A. is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm