IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 MFA.(WCC) No. 53 of 2009() -------------------- WCC.16/2006 of W.C.C.,ERNAKULAM .................... APPELLANT(S): 2ND OPPOSITE PARTY IN WCC NO.16/06 ------------------------------------------------ NATIONAL INSURANCE CO.LTD.,REP.BY ITS MANAGER,DIVI.OFFICE,AJAY VIHAR,NEAR AVENUE REGENT, M.G.ROAD,ERNAKULAM,REP.BY THE MANAGER,NATIONAL INSURANCE CO.LTD.,KOCHI REGIONAL OFFICE,PB.NO.3235 OMANA BUILDINGS,JEWS STREET,PADMA JUNCTION, KOCHI-682 035. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENT(S): APPLICANTS & IST OPPOSITE PARTY ---------------------------------------------- 1. SMT.SHAMEENA BABU,W/O.BABU IBRAHIM, PULINCHOTTIL HOUSE,KAYANTIKKARA, MUPPATHADAM P.O.,ALUVA. 2. NAFIYA BABU,D/O.BABU IBRAHIM, PULINCHOTTIL HOUSE,KAYANTIKKARA, MUPPATHADAM P.O.,ALUVA. 3. NAZIYA BABU,D/O.BABU IBRAHIM, PULINCHOTTIL HOUSE,KAYANTIKKARA, MUPPATHADAM P.O.,ALUVA. 4. SABOORA IBRAHIM,W/O.IBRAHIM, PULINCHOTTIL HOUSE,KAYANTIKKARA, MUPPATHADAM P.O.,ALUVA. 5. VELAYUDHAN,PARAPURATHUKUDY HOUSE, KARUVELY,KOMBANAD,ERNAKULAM-683 555. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- M.F.A.(WCC)No. 53 of 2009 ------------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT Basant,J. The 2nd opposite party before the Commissioner – the insurer, is the appellant in this appeal preferred under Sec.30 of the Workmen's Compensation Act, 1923. Respondents 1 to 4 herein/the claimants are the legal heirs of a workman employed by the 5th respondent herein (i.e., the 1st opposite party before the Commissioner). They claimed compensation in respect of the death of one Babu Ibrahim – their predecessor, who suffered employment injury which arouse out of and in the course of his employment under the 1st opposite party. The appellant is the insurer who had undertaken to indemnify 1st respondent for the loss suffered, if any, by him under a valid policy of insurance. M.F.A.(WCC)No. 53 of 2009 -: 2 :- 2. The Commissioner found that a total amount of Rs.3,89,280/- is payable as compensation under Sec.3 of the W.C. Act. That amount was directed to be paid along with interest at the rate of 12% per annum from the date of the accident. 3. The appellant claims to be aggrieved by the impugned order. Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned order, the learned counsel for the appellant/insurer contends that the appellant now wants to assail only the direction regarding payment of interest. There also the dispute is only as to whether interest can be directed to be paid from the date of the accident or only from the date of the award. 4. The learned counsel for the appellant relies on the decisions in National Insurance Co., Ltd., v. Mubasir Ahmed (2007 (3) KLT 26 (SC)) and Kamla Chaturvedi v. National Insurance Co., (2008 (4) KLT 862 (SC)). This question had come up for consideration before this Court earlier. Our attention has been drawn to two earlier decisions of the Division Benches in National Insurance Co., Ltd., v. Rekha (2007 (4) KLT 386) and Harrisons Malayalam Ltd., v. Ashraf (2009 (1) KLT 825). In those decisions, relying on earlier decision of a M.F.A.(WCC)No. 53 of 2009 -: 3 :- larger Bench of the Supreme Court, the Division Benches have held that interest is liable to be paid from the date of the accident. We have already chosen to follow those decisions of the Division Benches in many earlier decisions. 5. We find no reason to disagree with the earlier decisions of the Division Benches referred above or to refer the matter to a larger Bench for decision. 6. In these circumstances, this appeal is dismissed. R. BASANT (Judge) C.T. RAVIKUMAR (Judge) Nan/ M.F.A.(WCC)No. 53 of 2009 -: 4 :-