IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 MFA.No. 210 of 2007() --------------------- WCC.286/2002 of W.C.C.,THRISSUR .................... APPELLANT: 2ND OPPOSITE PARTY: -------------- UNITED INDIA INSURANCE CO. LTD., 10/290, G.B.ROAD, PALAKKAD, REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE, ERNAKULAM. BY ADV. SRI.N.S.MOHAMMED USMAN RESPONDENTS: APPLICANT, 1ST OPPOSITE PARTY: ------------------ 1. NARAYANANKUTTY, S/O.RAJAN NAIR, AGED ABOUT 36 YEARS, IDAGAZHIPURAM HOUSE, THACHAMKULAM VIA, THATHAMANGALAM, PALAKKAD DISTRICT. 2. VINOD KUMAR, S/O.KESAVAN, 10/28, KALLIYAMKUNNAM, KINASSERI P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.(WCC) No.210 of 2007 ------------------------------- Dated this the 20th February, 2008. J U D G M E N T The Insurer, 2nd opposite party, in W.C.CNo.286/2002, on the file of the Workmen's Compensation (Deputy Labour Commissioner), Thrissur, is the appellant. The main contention raised in this appeal is regarding the date on which the interest is to be paid. The learned counsel for the Insurer relied on a decision reported in National Insurance Co. Ltd. v. Mubasir Ahmed (2007 (3) KLT 26 (SC), in which the Apex Court held that the liability to pay interest rises only after determining the compensation. That question arose for consideration in National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386), in which a Division Bench of this Court, after considering the principles laid down in Mubasir Ahamed's case (supra), held that there was an earlier larger bench decision, and in which it was held that the liability to pay interest arise on the date of accident. I respectfully follow that principle. So, the liability to pay interest arise MFA (WCC) No.210/2007 2 from the date of accident and not after determining the compensation. So, there is no merit in this appeal. Accordingly, the appeal is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR, JUDGE nj.