IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MFA.No.155 of 2008 (B) ---------------------------- WCC.7/2003 of WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), ERNAKULAM .................... APPELLANT/2ND OPPOSITE PARTY: ------------------------------------------ THE NATIONAL INSURANCE CO. LTD., THRIPPUNITHURA, REP. BY ITS MANAGER, REGIONAL OFFICE, M.G. ROAD, ERNAKULAM, KOCHI- 35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ----------------- 1. SAJI JOSEPH, } S/O JOSEPH, KIZHAKKENADAYIL HOUSE, } ONAKKOOR P.O., 682011, }APPLICANT PAMPAKUDA, ONAKKOOR VILLAGE } 2. K.K.JOSEPH, S/O KURIAN, } KIZHAKKENADAYIL HOUSE, } 1ST OPPOSITE PARTY ONAKKOOR P.O., } PAMPAKUDA. } THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. (WCC) No.155 of 2008 ------------------------------------------------ Dated this the 23rd day of October, 2008 JUDGMENT Koshy, J The only dispute in this appeal filed by the Insurance Company is that the interest should have been awarded from the date of adjudication instead of the date of accident. This matter is squarely covered by the Division Bench of this Court in National Insurance Co. Ltd. v. Rekha (2007 (4) KLT, 386), in which one of us (Justice J.B.Koshy) was a party, following the Constitution Bench decision of the Hon'ble Supreme Court in Pratap Narain Singh Deo v. Srinivas Sabata and another (AIR 1976 SC 222) explaining the wordings when compensation 'fell due'. In K.S.E.B v. Valsala (AIR 1999 SC 3502), a three M. F. A. (WCC) No.155 of 2008 -2- member Bench of the Hon'ble Supreme Court held that compensation falls due on the date of the accident itself. Similar view was taken by a three member Bench of the Hon'ble Supreme Court in Maghar Singh v. Jashwant Singh (1998 (9) SCC 134). Therefore, the interest is payable from the date of accident, i.e. 29/08/2002 till the date of deposit. The appeal is dismissed. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-