IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 MFA.No. 173 of 2009 ---------------------------- WCC.53/2004 of COMMISSIONER FOR WORKMEN'S COMPENSATION, THIRUVANANTHAPURAM.. .................... APPELLANT(S): 2ND OPPOSITE PARTY: ------------------------------------------------------- NATIONAL INSURANCE CO.LTD., 2ND FLOOR, KESAVA TOWERS, PULIMOOD, TRIVANDRUM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): APPLICANTS: ---------------------------------------------- 1. SREEDEVI, W/O.LATE M.R.RADHAKRISHNA PILLAI, REMYA BHAVANOM, THIRUVANDOOR POST, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. REMYA KRISHNAN, 11 YEARS (MINOR) D/O.LATE M.R.RADHAKRISHNA PILLAI, DO. 3. RESHMA KRISHNAN, AGED 6 YEARS (MINOR) D/O.LATE M.R.RADHAKRISHNA PILLAI, DO. (MINOR RESPONDENTS TWO AND THREE ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN FIRST RSPONDENT HEREIN SREEDEVI). 4. RAGHAVAN PILLAI, AGED 67 YEARS, S/O.LATE SIVARAMA PILLAI, RAJENDRA BHAVANOM, THIRUVANDOOR POST, THIRUVALLA, PATHANAMTHITTA DISTRICT. 5. THANKAMMA, AGED 60 YEARS, W/O.RAGHAVAN PILLAI, DO. 6. M.C.SAMUEL, S/O.M.I.CHACKO, MULAVANPARAMBIL, PANDANADU NORTH POST, CHENGANNUR. R1 BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.P.K.MATHEW SRI.V.O.ROBINSON THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------------ M.F.A.No.173 of 2009-D ---------------------------------------------- Dated, this the 8th day of September, 2010 J U D G M E N T K.M.Joseph, J. Two substantial questions of law are purported to be projected in this appeal by the appellant insurance company. Firstly, it is contended that the Tribunal has acted illegally in ordering interest at 12% from the date of accident. In this regard reliance is placed on the decision of the Apex Court in Kamla Chaturvedi vs. National Insurance Co. {2008 (4) KLT 862 (SC}. The further substantial question of law sought to be raised is that without any material, the Tribunal has ordered compensation to be determined on the basis that the predecessor-in-interest of the respondent was drawing wages of Rs.4,000/- per month. 2. As far as the Ist substantial question of law purported to be raised before us is concerned we are of the view that this Court has already taken a view that award of interest from the date of accident is unexceptionable (See 2007 (4) KLT 386 and 2009 (1) KLT 825). In the light of these decisions we are not inclined to entertain the substantial question of law purported to be raised by the appellant. As far MFA 173/2009 -2- as the further substantial question of law purported to be raised by the appellant, namely, whether the deceased was drawing wages of Rs.4,000/- per month we take note of two circumstances. In the first place, the Ist respondent as the employer has filed written statement admitting that the deceased was drawing wages of Rs.4,000/- per month. In such circumstances, normally, if at all, there is a burden to show that the deceased was drawing Rs.4,000/- it can only be formal. It is submitted by the learned counsel for the respondents that there was oral evidence also in this regard. The question as to whether the deceased was drawing Rs.4,000/- per month is essentially a factual question. It cannot be said that there is no basis at all or that finding of the Tribunal that the deceased was drawing wages of Rs.4,000/- per month was perverse. In such circumstances, we see no merit in the appeal. The appeal fails, and it is dismissed. (K.M.JOSEPH) JUDGE. (T.R.RAMACHANDRAN NAIR) JUDGE. MS