IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 MFA.No. 213 of 2009() --------------------- WCC.88/2002 of W.C.C.,KOZHIKODE .................... APPELLANT(S): 2ND OPPOSITE PARTY: ----------------------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHEROOTTY ROAD, KOZHIKODE. BY ADV. MR.RAJAN P.KALIYATH RESPONDENT(S): APPLICANT AND OP.1: -------------------------------------------------------------- 1. M.P.VIJAYAN, S/O.IMBICHI NAIR, MANNAMPARAMBATH HOUSE, POST KUNNAMANGALAM, PERINGALAM, KOZHIKODE. 2. K.C.RAJAN, S/O.SWAMI, KAYYUTHICHALIL VEEDU, CHERUKULATHOOR AMSOM, PERINGALAM DESOM, POST KUNNAMANGALAM, KOZHIKODE. R1 BY ADV. MR.AVM.SALAHUDIN THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2403/2009 IN MFA.NO.213/2009 CLOSED 11/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.F.A.No.213 OF 2009 ............................................. Dated this the 11th day of January, 2010 J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C.No.88/2002. The only question that arises for determination is regarding interest whether it is to commence from the date of the accident or from the date of the award. A Division Bench of this Court in National Insurance Co. Ltd. v. Rekha(2007 (4) KLT 386) considered this question in the backdrop of the Constitution Bench decision of the Supreme Court in Pratap Narain Singh Deo v. Shrinivas Sabata (AIR 1976 SC 222) and held that interest is liable to be paid from the date of the accident. This Court also held that when there is conflict between the decisions of the Supreme Court, decision of the Larger Bench will prevail. Therefore, the Division Bench held that interest is liable to be paid from the date of the accident. 2. Considering the Constitution Bench decision as well as the decision of the Division Bench of this Court, a : 2 : M.F.A.No.213 OF 2009 learned Judge of the Himachal Predesh High Court in the decision reported in New India Assurance Company v. Budh Ram (2009 (4) TAC 614) had quoted it as follows: “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. v. Mubasir Ahmed 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 takes 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. v. Rekha, 2008 A.C.J 886” 3. So in the light of this pronouncement, the liability to pay interest commences from the date of the accident and therefore I cannot find fault with the decision of the Workmen's Compensation Commissioner in awarding interest from that date. : 3 : M.F.A.No.213 OF 2009 Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE cl : 4 : M.F.A.No.213 OF 2009