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 15TH JANUARY 2009 / 25TH POUSHA 1930 MFA.No. 5 of 2009() ------------------- WCC.546/2003 of W.C.C.,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY -------------------------------- THE NEW INDIA ASSURANCE CO.LTD,M.G.ROAD, ERNAKULAM,REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): IST OPPOSITE PARTY AND APPLICANT ----------------------------------------------- 1. P.P.ASHARAF,PAVATHPARAMBIL HOUSE, P.O.VALAPPAD,THRISSUR. 2. T.V.RAJAN, S/O.VELAYUDHAN,THEVAR PURAKKAL HOUSE, P.O.EDATHURUTHY,NEAR CHURCH, THRISSUR. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.F.A. No.5 of 2009 .................................................................... Dated this the 15th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed against compensation awarded to the driver of a truck by the Workmen's Compensation Commissioner. Even though counsel for the appellant submitted that for the minor injury to the hand, 10% disability taken by the Commissioner is excessive and the claimant should have been referred to the Medical Board, we do not think there is any justification to interfere with the award because the total compensation awarded is not very high. However, we find force in the contention of the appellant that interest from the date of accident is not payable by virtue of decision of the Supreme Court in NATIONAL INSURANCE CO. V. MUBASIR AHMED (2007 AIR SCW 1265). We, therefore, set aside the award on interest alone with direction to the Workmen's Compensation Commissioner to issue notice to the parties and make modification to the extent required in terms of the above judgment of the Supreme Court. There will be 2 direction to the Workmen's Compensation Commissioner not to disburse any amount towards interest until correction is carried out as above. The appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms