IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MFA.No. 3 of 2008(A) -------------------- WCC.165/2004 of WORKMEN'S COMPENSATION COURT, THRISSUR .................... APPELLANT: 2ND OPPOSITE PARTY IN WCC: ------------- THE DIVISIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD.,BRANCH OFFICE,AMBIKA ARCADE M.G.ROAD, THRISSUR-1,REP.BY THE ASSISTANT MANAGER, NATIONAL INSURANCE COMPANY LTD.,KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS: APPLICANT & 1ST OPPOSITE PARTY: ------------------ 1. K.K. BABU, S/O. KOCHAPPAN, KUNNATHUPARAMBAN HOUSE, P.O. THALORE, THALAVANIKKARA, THRISSUR. 2. K.J. JOSEPH, S/O. JOHNY, KAVIL HOUSE, THALORE P.O., THALAVANIKKARA,THRISSUR BY ADV. SMT.LATHA PRABHAKARAN(CAVEATOR) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.(WCC) No.3 OF 2008 ------------------------------- Dated this the 6th February, 2008. J U D G M E N T This appeal is filed by the Insurer challenging an order passed by the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Thrissur, by which the first respondent workmen was awarded a compensation of Rs.56,678/=. First respondent sustained an employment injury. He filed the petition claiming compensation. The employer did not accept notice. Appellant entered appearance and contested the matter. Negligence alleged was disputed. Quantum of compensation was also disputed. As per the request of the appellant, workmen produced a medical certificate given by the competent medical practitioner, in which the loss of earning capacity was assessed as 15%. The Commissioner accepted the same and calculated the compensation due to him. 12% interest was also awarded. 2. The main dispute in this case was that Workmen's Compensation Court erred in directing payment of interest from the date of compensation. The learned counsel for the Insurer relied on a MFA (WCC) No.3 of 2008 2 decision reported in National Insurance Co. Ltd. v. Mubasir Ahmed (2007 (3) KLT 26 (SC), in which the Apex Court held that the liability to pay interest rises only after determining the compensation. In National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386), a Division Bench of this Court, after considering the principles laid down in Mubasir Ahamed's case (supra), held that there was an earlier larger bench decision, and in which it was held that the liability to pay interest arise on the date of accident. I respectfully follow that principle. So, the liability to pay interest arise from the date of accident and not after determining the compensation. So, there is no merit in this appeal. Further, no substantial questions of law arises in this appeal for consideration. Accordingly, the appeal is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR, JUDGE nj.