IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MFA.No. 122 of 2009() ------------------------------- WCC.85/2006 of COMMISSIONER FOR WORKMENS COMPENSATION, PALAKKAD .................... APPELLANT(S): 2ND OPPOSITE PARTY ------------------------- THE NATIONAL INSURANCE CO.LTD., ERNAKULAM, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM, KOCHI-35. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): APPLICANT/IST OPPOSITE PARTY ------------------------ 1. V.K.KANNAN, S/O.KRISHNAN, VADAKKEPURA VEEDU, MANKURUSSI (PO), MANKARA VILLAGE, PALAKKAD DIST. 2. K.V.AUGUSTINE, S/O.VARKEY, KUNNATTINGAL VEEDU, EDAPPILLI (PO), KOCHI-682 024. R1 BY ADV. MR.C.RAGHAVAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.F.A.No.122 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Workmen's Compensation Commissioner, Palakkad in WCC.No.85/2006. The applicant sustained injuries and an amount of Rs.52,058/= was awarded. There was also a direction to pay interest from the date of accident i.e., from 1.5.1997. 2. Heard the learned counsel for both sides. It has to be remembered that when an application is filed in the normal process of time, the courts are inclined to grant interest from the date of accident. But here is a case that the accident took place on 1.5.1997 and the petition was filed on 20.1.2006. When such is the situation, the insurance company cannot be directed to pay the compensation from the date of the accident. 3. So considering this peculiar circumstance, I modify the order passed by the Workmen's Compensation Commissioner by retaining the amount awarded but : 2 : M.F.A.No.122 OF 2009 modifying the rate of interest as from the date of petition namely 20.1.2006 in stead of the date of accident 1.5.1997. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.F.A.No.122 OF 2009