IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 MFA.No. 143 of 2004() --------------------- WCC.100/1998 of W.C.C.,ERNAKULAM .................... APPELLANT(S): APPELLANT. ------------------------ M/S.SILPI CONTRUCTION & CONTRACTORS, 40/3170A LISIE ROAD, ERNAKULAM,R EP. BY MANAGING DIRECTOR, F.EDISON, AGED 55, S/O.FRANCIS, 40/3170A LISIE ROAD, ERNAKULAM. BY ADV. SRI.K.G.SARATHKUMAR SRI.S.RAJKUMAR RESPONDENT(S): --------------- 1. T.K.ASOKAN, S/O.KRISHNAN AGED 47 SRKAD HOUSE, M.L.A. ROAD, SOUTH PARAVOOR, ERNAKULAM DISTRICT. 2. THE NEW INDIA ASSURANCE CO,LTD., KOCHI 11. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.F.A. No.143 of 2004 .................................................................... Dated this the 22nd day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the award passed by the Workmen's Compensation Commissioner directing the appellant to pay interest on the compensation awarded in favour of the first respondent. Counsel for the appellant contended that Insurance Company is liable to pay interest along with the compensation awarded under the policy. However, counsel for the Insurance Company submitted that the policy specifically excludes interest and compensation amount is deposited by the company in terms of the Insurance Policy. Counsel for the Insurance Company also referred to decision of the Supreme Court in NEW INDIA ASSURANCE CO. LTD. V. HARSHADBHAI AMRUTBHAI MODHIYA (2006(5)SCC 192) wherein the Supreme Court held that the Insurance Company is not liable to pay interest or penalty when those are specifically excluded by the policy. Appellant has no case that the policy issued by the second respondent does not cover interest levied under Section 4A of the Workmen's Compensation Act. In the circumstances and since claimants were found to be entitled to 2 interest by the Workmen's Compensation Commissioner, direction to pay interest is perfectly in order. The appeal is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms