IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 MFA.No. 111 of 2009() ------------------------------- WCC.335/2003 of COMMISSIONER FOR WORKMEN'S COMPENSATION,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY -------------------------------- NATIONAL INSURANCE CO.LTD.,D.O.,THRISSUR REP.BY THE MANAGER,KOCHI REGIONAL OFFICE, M.G.ROAD,KOCHI-35. BY ADV. SRI.E.M.JOSEPH RESPONDENT(S): APPLICANT & 1ST O.P. ----------------------------------- 1. VISWANATHAN,S/O.KUNJUNNY,ELAMTHURUTHY HOUSE,EAST FORT.PO,CHELAKKOTTUKARA,THRISSUR. 2. THE PROPRIETOR,FURNIKIT,BEHIND KELVIN CENTRE,P.O,KURIACHIRA,THRISSUR. R1 BY ADV. SRI.P.V.CHANDRA MOHAN R2 BY ADV .SRI.JIJO PAUL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I1. NO.1248/2009 IN MFA. NO.111/2009 DISMISSED 31.05.2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 111 OF 2009 = = = = = = = = = = = = = = = Dated this the 31st day of May, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C. 335/03. The claimant was awarded a compensation of Rs.51,775/- with liability to pay interest at the rate of 12% from the date of accident till the date of deposit. It is against that decision the insurance company has come up in appeal challenging the liability to pay interest from the date of accident. 2. Heard the learned counsel for both the sides. Learned counsel for the insurance company would submit before me that the insurance company is liable to pay interest only from the date of award in the light of the decisions of the Apex Court. On the other hand the learned counsel for the respondents would contend before me that in M.F.A.. 111 OF 2009 -:2:- view of the decision of the Division Bench of this Court reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 the Division Bench has considered the Constitutional Bench decision of the Hon'ble Supreme Court reported in Pratap Narain Singh Deo v. Shrinivas Sabata (AIR 1976 SC 222) where it is held that interest has to be paid from the date of accident. In National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 the Division Bench had considered the subsequent Division Bench rulings of the Hon'ble Supreme Court as well as the ruling of the Constitutional Bench decision of the Apex Court in AIR 1976 SC 222. As per the Constitutional Bench decision the interest has to be paid from the date of accident. The Division Bench also held that when there is a conflict between the Division Bench ruling and the Constitutional Bench ruling of the Apex Court the Constitutional Bench decision has to be followed and therefore ultimately held that the interest has to be paid from the date of accident. M.F.A.. 111 OF 2009 -:3:- 3. A similar question was again decided by another Division Bench of this Court reported in 2009 (1) KLT 825 Harrisons Malayalam Ltd. v. Ashraf the Division Bench where it is again held that there is, therefore, nothing to justify the argument that the employer's liability to pay compensation under S.3, in respect of the injury, was suspended until after the settlement contemplated by S.19. The Division Bench held that interest can be paid from the date of the accident. So also in the decision of the Himachal Pradesh High Court reported in New India Assurance Company v. Budh Ram and another(2009(4) TAC 614) (HP) the Division Bench ruling has been followed. Therefore from these discussions it has to be held that the Compensation Commissioner was perfectly justified in awarding the interest from the date of accident. Therefore nothing remains to be considered in this appeal. So the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-