IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 MFA.No. 87 of 2009() -------------------- WCC.33/2005 of W.C.C.,KOZHIKODE .................... APPELLANT(S): 2ND OPPOSITE PARTY: ------------------------------------------------------------ M/S.UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE NO.II,P.B.NO.192, SEEMA TOWERS, MAVOOR ROAD,KOZHIKODE. BY ADV. MR.RAJAN P.KALIYATH RESPONDENT(S): APPLICANT AND OP 1: -------------------------------------------------------------- 1. RAHTHEESH.T.,S/O.RAHGHAVA KURUP, PILAKUNNATH VEEDU, POST PANTHEERANKAVU POST, MANNAJHAKKADAVU, KOZHIKODE. 2. SUNEESH.V.K.,CHERUVALAPPIL HOUSE, PANTHEERANKAVU POST,KOZHIKODE. R1 BY ADV. MR.AVM.SALAHUDIN THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.F.A.No.87 OF 2009 ............................................. Dated this the 8th day of March, 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.C.No.33/2005. The workman, who got injured in an accident, has been awarded a compensation of Rs.80,176/= and interest from the date of accident. It is challenging the commencement regarding interest, the appeal is preferred. 2. The learned counsel for the appellant very strongly contends before me that interest is liable to be paid only from the date of the award and not from the date of accident. On the other hand, the counsel for the respondents would contend that in the light of the decision of this Court in National insurance Co. Ltd. v. Rekha (2007 (4) KLT 386) the insurance company is liable to pay interest from the date of accident. In Rekha's case, the Division Bench considered the impact of a later Division Bench ruling of the Supreme Court as well as the Constitution Bench ruling of the Supreme Court reported in Pratap Narain Singh Deo v. Shrinivas Sabata (AIR 1976 SC 222). In that case : 2 : M.F.A.No.87 OF 2009 the Constitution Bench has held that interest has to be paid from the date of accident. The Division Bench also considered the question that when there is conflict of decisions between Division Bench of the Supreme Court and Constitution Bench of the Supreme Court, the latter has to prevail. Therefore in the light of the discussions, the court held that interest is liable to be paid from the date of accident. 3. A Judge of the Himachal Pradesh High Court in the decision reported in New India Assurance Co. v. Budh Ram (2009 (4) TAC 614) held 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 : 3 : M.F.A.No.87 OF 2009 Court reported in National Insurance Company Ltd. v. Rekha, 2008 A.C.J 886” So, in the light of the above pronouncement, it has to be held that interest is liable to be paid from the date of accident. Therefore the order does not call for any interference. The appeal lacks merit and the same is dismissed M.N. KRISHNAN, JUDGE cl : 4 : M.F.A.No.87 OF 2009