IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MFA.No. 137 of 2008() --------------------- WCC.377/2003 of COMMISSIONER FOR WORKMEN'S COMPENSATION,THRISSUR .................... APPELLANT/ 2ND OPPOSITE PARTY: --------------------------------------------------- NATIONAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, KOCHI-35. BY ADV. SRI.E.M.JOSEPH RESPONDENTS/ APPLICANT & 1ST OP: ----------------------------------------------------- 1. C.RAMANKUTTY, S/O.KUTTA MENON, RAMYA NIVAS, VELLANIKKARA P.O., THRISSUR. 2. KOCHU BALAN, S/O.MAMAKUTTY PULICKAL VEEDU, VII/917, MANNUTHY, THRISSUR. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 137 of 2008 -2- ORDER ON I.A. NO.2385 OF 2008 IN M.F.A NO.137 OF 2008 DISMISSED. 5.9.2008 (SD/- M.N.KRISHNAN, JUDGE) /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. -------------------------- M.F.A. No. 137 OF 2008 --------------------- Dated this the 5th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Workmen's Compensation Commissioner, Thrissur, in W.C.C. 377/03. The appellant before this court is the Insurance Company. The point that is disputed before the court is regarding the liability to pay interest and the rate. 2. Learned counsel for the Insurance Company very strongly contends before me that the interest is liable to be paid only from the date of the award and not from the date of the accident. In support of his contention, he had relied on the decision of the Apex court in National Insurance Co. Ltd. v. Mubasir Ahmed & Another [20007 AIR SCW 1265]. The whole matter was considered by a Division Bench of this court in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386] and held that there is a larger bench decision of the Supreme Court reported in Mattulal v. Radhe Lal [AIR 1974 SC 1596] and further that when there is a conflict between the decisions of the Supreme Court, the decision of the larger Bench will prevail. MFA No.137/08 2 Applying that dictum, this court held that the entitlement of interest is from the date of accident and not from the date of filing of the application. Following the dictum laid down by the Division Bench of this court, I find no ground to interfere with the decision. Therefore, the appeal fails and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MFA No.137/08 3