IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MFA.No. 26 of 2009() -------------------- WCC.152/2005 of W.C.C.,THRISSUR .................... APPELLANT(S): -------------- NATIONAL INSURANCE COMPANY.LTD., KOLLANNUR DEVASSY SMARAK BUILDING, THRISSUR-1., BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): --------------- 1. AHAMED, S/O.MOIDEENKUTTY, PALAKKAPARAM- BIL HOUSE, VELLARKULAM, VADAKKETHARA, POST, PAZHAYANNUR, THRISSUR 2. JAMEELA, W/O.AHAMMED, DO.DO. 3. ARIFA, D/O.AHAMMED DO. DO. 4. AMIR ALI, S/O.AHAMMED, DO.DO. 5. ABDU THAHIR, S/O.AHAMMED DO.DO. 6. MUHAMMED KHAN, MUHAMMED KANI, S/O.ABDUL RAHIMAN, KAKOOR HOUSE, MEPPADAM, POST CHELAKKARA, THRISSUR. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.F.A. No.26 of 2009 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Since the question raised in the appeal is only against the award of interest by the Workmen's Compensation Commissioner from the date of accident which is against decisions of the Supreme Court in NATIONAL INSURANCE CO. LT.D V. MUBASIR AHMED (2007 (3) KLT 26) and KAMALA CHATURVEDI V. NATIONAL INSURANCE CO. (2008(4) KLT 862), we dispose of the appeal by directing the Workmen's Compensation Commissioner to reconsider the matter after notice to the claimants and to the appellant and by reference to the decisions of the Supreme Court abovereferred. If interest is found payable by the employer, notice should be issued to the employer and he should also be heard before orders are passed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge