IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 MFA.No. 186 of 2006() --------------------- WC.155/2000 of W.C.C.,KOZHIKODE .................... APPELLANT: 2ND RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI. MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS: APPLICANTS 1 TO 3 & 1ST RESPONDENT RESPECTIVELY: --------------------------------------------------------------- 1. S. KUMARI, W/O. LATE P.RAJU, NO.89, NORTH STREET, 5TH WARD, RAYAPPANPATTI, UTHAMPALAYAM TALUK, THENI DISTRICT, TAMIL NADU. 2. R. PRABHU (MINOR), S/O. LATE P.RAJU, -DO-, REP. BY MOTHER - 1ST RESPONDENT. 3. R. DEVI (MINOR), D/O. LATE P.RAJU, -DO-, REP. BY MOTHER - 1ST RESPONDENT. 4. M/S. MALABAR GRANITES, REP. BY T.S.JALEEL, KANNAM VEETTIKAVU P.O., PULIKKAL VIA., MALAPPURAM DIST. ADV. SRI.SUNNY MATHEW FOR R.4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.(W.C.C.) No: 186 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2011 JUDGMENT K.M. Joseph J., The appellant is the 2nd respondent in W.C.No.155 of 2000, The New India Assurance Company Ltd. The application filed by respondents 1 to 3 under the Workmen's Compensation Act was allowed and the appellant was made liable to pay the compensation amount with interest. 2. We heard learned senior counsel for the appellant and learned counsel for the fourth respondent, who is the first opposite party in the claim petition (employer). 3. The learned senior counsel for the appellant would contend that the direction to pay the interest against the appellant is unsustainable. It is for the reason that the policy specifically M.F.A.(W.C.C.) No: 186 of 2006 :2: excludes liability to pay interest. He also relied on the decision of the Supreme Court in New India Assurance Co. Ltd. v. Harshabdhai Amrutbhai Modhiya (2006(2) KLT 667 (SC). 3. In such circumstances, we allow the appeal and order that the appellant will not be liable to pay the interest and that the order to pay the interest will stand modified, instead the fourth respondent will be liable to pay the interest portion as ordered. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/