IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 MFA.No. 127 of 2004 ----------------------- (WCC.41/2002 of Court of the Commissioner for Workmen's Compensation, Thiruvananthapuram) .................... APPELLANT/IST OPPOSITE PARTY: ------------------------------------- THE GENERAL MANAGER, HARRISONS MALAYALAM LIMITED, BRISTOW ROAD, WILLINGDON ISLAND, KOCHI 682 003. BY ADV. SRI.A.M.SHAFFIQUE SRI.JOHN MATHAI.K RESPONDENTS: ---------------- 1. LALI, W/O.ANIL KUMAR,VATTPPULLU VEEDU, PANACKODU, NEDUMANGADU, THIRUVANANTHAPURAM DIST. 2. REGHUNATHAN, S/O.GANGADHARAN, CONTRACTOR, DEEPA BHAVAN, XV/180, VALIYAMALA ROAD, 16TH KALLU, NEDUMANGADU, THIRUVANANTHAPURAM. * 3. THE CHIEF EXECUTIVE OFFICER, M/S.TECHNOPARK, KARIYAVATTOM, THIRUVANANTHAPURAM. (3 rd respondent is deleted from the party array as per judgment in MFA No. 127 of 2004 dated 21.1.2008) 4. M/S.NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WILLINGDON ISLAND, KOCHI- 3. MFA NO.127 OF 2004 :-2-: 5. AKHITA(MINOR) AGED 6 YEARS, D/O.LATE ANIL KUMAR,VATTAPPULLU VEEDU, PANACKODU, NEDUMANGADU, THIRUVANANTHAPURAM. 6. NIHITA (MINOR), AGED 1 YEAR, D/O.LATE ANIL KUMAR,VATTAPPULLU VEEDU, PANACKODU, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR SRI.RAJAN P.KALIYATH SRI.S.R.AJITH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- M.F.A.No. 127 of 2004 --------------------------------------------- Dated this the 21st day of January, 2008 J U D G M E N T Raman,J: Notice to the third respondent is not served. Counsel appearing for the appellant submits that the third respondent is not a necessary party and she makes an oral prayer that the third respondent be removed from the party array. 2. Heard both sides. The third respondent is removed from the party array at the risk of the appellant. 3. This appeal arises from the order of the Commissioner for Workmen's Compensation, Thiruvananthapuram in W.C.C.No.41 of 2002. The only dispute is regarding the liability to pay interest. The authority below by the order impugned exonerated the insurance company from paying any interest or penalty. Challenging the said finding and disputing the liability of the appellant/employer in paying interest, this appeal is preferred. The matter is now covered by the decision of the Supreme Court reported in New India Assurance M.F.A.No.127 of 2004 :-2-: Co.Ltd v. Harshadbhai Modhiya & Another (III(2006) SLT 665) wherein it was held that the insurer is excluded from liability for interest or penalty under the Workmen's Compensation Act and confined its liability to indemnify the employer only against the amount of compensation ordered to be paid under the Workmen's Compensation Act unless the policy covers otherwise and therefore, the insurance company cannot be held liable for paying interest. In the circumstances, there is no merit in the appeal and the same is dismissed. In C.M.Appln.No.1554 of 2004, the delay is condoned. I.A.No.2352 of 2005 is closed. P.R.RAMAN, Judge Mbs/ V.K.MOHANAN, Judge M.F.A.No.127 of 2004 :-3-: V.K.MOHANAN, J. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T M.F.A.No.127 of 2004 :-4-: DATED: -0-2007 M.F.A.No.127 of 2004 :-5-: