IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 MFA.No. 28 of 2010() -------------------- WCC.438/2003 of W.C.C.,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY ----------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.43, 1ST FLOOR, SREE NARAYANA TOURIST BUILDING, OPP.TOWN SHIP, BUS STAND, EAST NADA, GURUVAYOOR, THRISSUR DISTRICT. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): APPLICANT & OP 1 --------------------------------------------------- 1. C.D.MANOHARAN, S/O.DAMODARAN, CHANDRARITHIYIL HOUSE, PERAKKAM POST, THRISSUR DISTRICT. 2. V.SASIDHARAN, S/O.GOPALAN NAIR, VELUTHEDATH HOUSE, GURUVAYOOR POST, THRISSUR DISTRICT. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. M.N. KRISHNAN, J -------------------------. M.F.A No.28 OF 2010 -------------------------------- Dated this the 5th day of February, 2010. J U D G M E N T This is an appeal preferred against the award passed by the Workmen's Compensation Commissioner, Thrissur in WCC.438/03. The principal challenge in the appeal is with regard to the entitlement of the interest. The question posed is whether the claimant is entitled to the interest from the date of the accident or incident or only from the date of award. Workmen's Compensation Commissioner had granted interest from the date of accident. The learned counsel for the insurance company had relied on the decisions of the Apex Court to canvas for the position that interest is only payable from the date of award ie., National Insurance Company Ltd. Vs. Mubasir Ahamed and Another, 2007 A.C.J. 845. A division bench of this court had considered the case law in the decision reported in National Insurance Company Ltd. Vs. Rekha, 2008 A.C.J. 886. The learned judge held that in the later Supreme Court decision, the decision of the Constitution Bench of the Honourable Apex Court in Pratap Narain Singh Deo Vs. Shrinivas Sabata 1976 A.C.J. 141 had not been referred to and it also considered the question and held that when there is a decision M.F.A.28/2010 2 given by the larger bench of the Supreme Court that has to prevail and therefore, held that the applicant is entitled to the interest from the date of the accident. This decision is seen followed by Himachal Pradesh High Court in the decision reported in 2009 (4) T.A.C. 614 (H.P.) “The constitution Bench had already decided the question as to when compensation falls due in terms of the Workmen's Compensation Act, 1923. Unfortunately, this decision of the Constitution Bench was not brought to the notice of the Apex Court while deciding National Insurance Company Ltd. Vs. Mubasir Ahamed and Another, 2007 A.C.J. 845: 2007 (2) T.A.C.3. Therefore, I feel that this Court is bound by the judgment rendered by the Constitution Bench of the Apex Court and I accordingly hold that the compensation falls due on the date when the accident taken place and in case the same is not deposited within thirty days, the workman is entitled to claim interest at the rate of 12% per annum without having to show that delay in depositing the compensation was attributable to the employer. While taking this view, I am supported by a Division Bench judgment of the Kerala High Court reported in National Insurance Company Ltd.Vs. Rekha, 2008 A.C.J. 886.” In the light of the above said pronouncement, it has to be held that the interest is payable from the date of accident and therefore, award does not suffer from any illegality or infirmity and this appeal is dismissed accordingly. M.N. KRISHNAN, JUDGE. sou.