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.(WCC).No. 170 of 2007() ---------------------------------------- WCC.1/2002 of W.C.C. THIRUVANANTHAPURAM. .................... APPELLANT/2ND OPPOSITE PARTY IN WCC NO.1/2002: ------------------------------------------------------------------------------- THE DIVISIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD.,DIVISIONAL OFFICE NO.II, IIND FLOOR, KESAVA TOWERS, GANDHARI AMMAN KOVIL ROAD,THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE ASSISTANT MANAGER, NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE, P.B. NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035 BY ADV. SRI.LAL GEORGE RESPONDENTS/APPLICANT & 1ST OPPOSITE PARTY: ----------------------------------------------------------------------------- 1. BABU, S/O. SASI, PARAYAMKONAM PUTHEN VEEDU, KADAMBATTUKONAM, CHERIYAKONNI P.O., THIRUVANANTHAPURAM DISTRICT. 2. S.RAVEENDRAN NAIR, S/O.SADASIVAN NAIR, T.C.7/648, PARVATHI MANDIRAM, PANAYARAVILAKOM, MARUTHAMKUZHI P.O., THIRUVANANTHAPURAM-30. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.NAIR AJAY KRISHNAN FOR R1 SRI.RAJAN VELLOTH FOR R1` SRI.SAIJO HASSAN FOR R1 SRI.A.S.SABU FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.(WCC).No. 170 of 2007 ORDER ON I.A.NO.2093/2007 IN MFA(WCC) NO.170/2007 DISMISSED 09/12/2008. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J ----------------------- M.F.A.(W.C.C) No. 170 OF 2007 --------------------------------- Dated this the 9th day of December, 2008 JUDGMENT This is an appeal preferred against the order of the Workmen’s Compensation Commissioner, Trivandrum in W.C.C.No. 1/2002. The only challenge is regarding the entitlement of interest. The Workmen’s Compensation Commissioner granted an amount of Rs. 32,021/- with simple interest at the rate of 12% per annum with effect from the date of accident i.e. 23.3.2001 till the date of realisation to the applicant. The Insurance Company has challenged the same on the basis of the decision of the Apex Court reported in National Insurance Company Ltd. v. Mubasir Ahammed & Another [2007 AIR SCW 1265]. This question came up for consideration before a Division Bench of this court in the decision reported in National Insurance Company Ltd. v. Rekha [2007 (4) KLT 386]. The Division Bench of this court found that a larger Bench of the Supreme Court in Pratap Narain Singh Deo v. Shrinivas Sabata and another [AIR 1976 SC 222] has held that the entitlement is from the date of accident. The Division Bench held that relying upon the decision of the Supreme Court in M.F.A.No. 170/2007 -2- Mattulal v. Radhe Lal [AIR 1974 SC 1596], when there is a conflict between the decision of the Supreme Court decisions, the decision of the larger Bench will prevail. So in the light of this Division Bench decision, referring to the larger Bench decision of the apex Court it has to be held that the entitlement is from the date of accident and not otherwise. Therefore the order passed by the Workmen’s Compensation Commissioner does not call for any interference. Therefore the appeal lacks merit and accordingly it is dismissed. M.N. KRISHNAN,JUDGE vkm