IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 MFA.No. 67 of 2009(G) -------------------- ORDER DT.28.11.08 IN WCC.398/2004 of COMMISSIONER FOR WORKMEN'S COMPENSATION,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY -------------------------------- NATIONAL INSURANCE CO.LTD., IRINJALAKUDA, REP.BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, KOCHI-35. BY ADV. SRI.E.M.JOSEPH RESPONDENT(S): APPLICANT & IST O.P. ----------------------------------- 1. JAYAN, S/O.NARAYANAN NAIR, PERUMBULLY HOUSE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. P.HAREESH, PERUMBULLY HOUSE, POTTA P.O., VIA CHALAKUDY. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.F.A No.67 of 2009 ------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT BASANT, J. Appellant is the insurance company and in this appeal filed under Section 30 of the Workmen's Compensation Act the only question raised is about the date from which interest is payable in a claim under the Workmen's Compensation Act. 2. The counsel for the appellant heavily relies on the decision of the Supreme Court in National Insurance Co.Ltd. v. Mubasir Ahmed [2007(3) KLT 26(SC)] and a later decision in which reference is made to that decision and the dictum followed in Kamla Chaturvedi v. National Insurance Co. [2008(4) KLT 862 (SC)]. 3. Two Division Benches of this Court have earlier considered the question as to the date from which interest is payable in a claim under the Workmen's Compensation Act. After specifically referring to the decision in National Insurance Co.Ltd. v. Mubasir Ahmed (supra), it has been held in National Insurance Co. Ltd. v. Rekha [2007(4) KLT 386) M.F.A No.67 of 2009 2 and Harrisons Malayalam Ltd. v. Ashraf [2009(1) KLT 825] that an earlier larger Bench decision of the Supreme Court binds this Court and interest can be awarded from the date of the accident on which date the compensation must be held to have fallen due. In the light of the decisions in National Insurance Co. Ltd. v. Rekha and Harrisons Malayalam Ltd. v. Ashraf (supra), we find there is no substantial question of law of importance arising for consideration in this case. The only ground on which the impugned order assailed is on the question of the date from which interest falls due. 4. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-