IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MFA.No. 217 of 2010() --------------------- ( WCC.107/2003 of W.C.C.,KOZHIKODE) .................... APPELLANT/2ND OPPOSITE PARTY -------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., EAST COAST CHAMBERS, G.N.SHETTY ROAD, T.NAGAR, CHENNAI-600 017. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/APPLICANT AND OP 1 ------------------------------------------------------- 1. S.SURESH BABU, S/O.SANDAPPAN, PERUMKUNIYIL HOUSE, KPC NIVAS, POST MUCHUKUNNU-673 307, KOYILANDY. 2. V.S.RAJASEKHARAN, 17/638 OPPOSITE SABHA SCHOOL, PAVAMANI ROAD, CALICUT-4. R1 BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 217 OF 2010 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C.C. 107/03. The claimant who sustained injuries in a road accident was awarded a compensation of Rs.40,874/- with 12% from the date of accident. The main challenge before the Court is only regarding the entitlement of interest from the date of accident. 2. The learned counsel for the insurance company would contend that since the amount crystallizes only on passing of the award then the entitlement for interest is only from the date of award and not earlier. He had also referred to a later Division Bench decisions of the Hon'ble Supreme Court. In National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 the Division Bench of this Court had considered M.F.A. NO. 217 OF 2010 -:2:- the Constitution Bench decision of the Hon'ble Supreme Court reported in Pratap Narain Singh Deo v. Shrinivas Sabata (AIR 1976 SC 222) and also considered the question when there is a difference between the Constitution Bench ruling and a Division Bench ruling which came subsequently, the Constitution Bench decision will prevail. In that case the Division Bench held that in the light of the Constitution Bench decision referred to above the entitlement of interest is from the date of accident. Therefore the decision reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 has laid down the principles. This has been followed by another Division Bench of this Court reported in 2009 (1) KLT 825 Harrisons Malayalam Ltd. v. Ashraf and it as also followed by the Himachal Pradesh High Court in the decision reported in New India Assurance Company v. Budh Ram and another(2009(4) TAC 614)(HP). So in the light of M.F.A. NO. 217 OF 2010 -:3:- these pronouncements it has to be held that the date of entitlement is from the date of accident and not as contended by the learned counsel for the appellant. Therefore the appeal fails and the same is dismissed. The claimant is at liberty to withdraw the amount that is in deposit before the Court. M.N. KRISHNAN, JUDGE. ul/-