IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 MFA.No. 194 of 2008() --------------------- WCC.28/2004 of WORKMEN'S COMPENSATION COMMISSIONER., KANNUR .................... APPELLANT(S): OPPOSITE PARTY ---------------------------- THE MANAGER, HARRISONS MALAYALAM LTD., SENTINAL ROCK ESTATE, CHOORAMALA, VYTHIRI THALUK, WAYANAD. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS RESPONDENT(S): APPLICANT ------------------------ K.ABDU, S/O. MUHAMMED, KOLASSERY HOUSE MUNDAKAI POST, MEPPADI, VYTHIRI. ADV. SMT.CELINE JOSEPH FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. 194/2008 ORDER ON I.A. 3240/2008 IN M.F.A. 194/2008 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 29.1.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.F.A.No. 194 OF 2008 --------------------------------- Dated this the 29th day of January, 2009 JUDGMENT This is an appeal preferred against the judgment of the Workmen’s Compensation Commissioner, Kannur in W.C.C. No. 28/2004. The applicant before that court sustained employment injury and an amount of Rs. 17,721/- was awarded and there was a direction to deposit balance amount of Rs. 10,250/- with 12% interest from the date of accident to the date of deposit. It is against that award of interest from the date of accident that is disputed in this appeal. 2. The learned counsel would contend that in the decision reported in National Insurance Co. Ltd. v. Mubasir Ahammed and another [2007 AIR SCW 1265], there is a direction to pay the interest only from the date of award and not from the date of accident. The Division Bench of this court in the decision reported in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386], considered this contention and held that there is a larger Bench decision of the apex court reported in Pratap Narain Singh Deo v. Shrinivas Sababa & another [AIR 1976 SC 222] which holds M.F.A. 194/2008 -2- the view that interest has to be paid from the date of the accident. Then the Division Bench relied upon another Supreme Court decision reported in Mattulal v. Radhe Lal [AIR 1974 SC 1596], and held that when there is conflict between the Supreme Court decisions, the decision of the larger Bench will prevail. So in the light of this decision one cannot find fault with the Workmen’s Compensation Commissioner for having granted interest from the date of accident. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN,JUDGE vkm