IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 MFA.(WCC)No. 75 of 2009() -------------------- WCC.141/2004 of COMMISSIONER FOR WORKMAN'S COMPENSTION, (DEPUTY LABOUR COMMISSIONER), KANNUR .................... APPELLANT(S): 2ND OPPOSITE PARTY IN WCC 141/04 ---------------------------------------------- THE MANAGER, NATIONAL INSURANCE CO. LTD., HIGH LANE PLAZA, KASARGOD, REP. BY THE MANAGER, NATIONAL INSURANCE CO. LTD., KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADVS. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENT(S): APPLICANT & 1ST OPPOSITE PARTY --------------------------------------------- 1. ABDUL MAJEED S/O. LATE ABDULLAKUNHI, MOLIYADKA HOUSE, P.O.PERADALA, NEERCHAL VILLAGE, KASARGOD. 2. HANEEFA S/O. LATE ABDULLAKUNHI, MOLIYADKA HOUSE, P.O.PERADALA, BADIADKA, KASARGOD. BY // THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.F.A.(WCC) NO. 75 OF 2009 --------------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT Basant, J. This appeal is preferred by the Insurance Company/2nd respondent before the Commissioner for Workmen's Compensation under Section 30 of the Workmen's Compensation Act, 1923. 2. The workman who had suffered employment injury in the course of and arising out of his employment had staked a claim for compensation against his employer and the Insurance Company/the appellant herein. The Commissioner came to the conclusion that the claimant is entitled to an amount of Rs.81,616/- as compensation. The Commissioner, by the impugned award, directed payment of the said amount along with interest at the rate of 12% per annum from the date of the accident to the date of deposit. The learned counsel for the appellant relying on the decisions reported in National Insurance Co.Ltd. v. Mubasir Ahmed, 2007(3) K.L.T. 26 (SC) and the later decision of the Supreme Court reported in Kamala Chaturvedi v. National Insurance Co., 2008(4) K.L.T. 862 (SC), contends that interest should not have been directed to be paid from the date of the accident. In Kamala Chaturvedi v. National Insurance M.F.A.(WCC)NO.75/2009 2 Co., 2008(4) K.L.T. 862 (SC), the Supreme Court had only followed the earlier decision in Mubasir Ahmed's Case. 3. Two Division Benches of this Court had occasion to consider the question whether interest can be directed to be paid from the date of the accident in the light of the decision in Mubasir Ahmed's Case. Those decisions are National Insurance Co. Ltd. v. Rekha, reported in 2007 (4) K.L.T. 386 and Harrisons Malayalam Ltd. v. Ashraf, reported in 2009(1) K.L.T. 825. This Court held that in the light of the earlier binding precedents of the Larger Benches, interest can be directed to be paid not only from the date of the award, but from the date of the accident. That decision has been followed by this Court in later decisions. No other contentions are raised. We have followed the view taken by the Division Benches of this Court and we are not satisfied that a different view should be taken or refer the matter to a Larger Bench. 4. This appeal is, in the circumstances, dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.F.A.(WCC)NO.75/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. M.F.A.(WCC) NO.75/2009 JUDGMENT 1st April, 2009