IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MFA.No. 164 of 2008(C) ----------------------------- WCC.243/2004 of W.C.C.,THRISSUR .................... APPELLANT/2ND OPPOSITE PARTY IN W.C.C.NO.243/2004 : ------------------------------------------------------------------------- THE MANAGER, NATIONAL INSURANCE COMPANY LTD., MALIEKKAL BUILDINGS, MAIN ROAD, IRINJALAKKUDA, REPRESENTED BY THE MANAGER, NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE, P.B. NO. 3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION,KOCHI BY ADV. SRI.LAL GEORGE RESPONDENTS/APPLICANT & 1ST OPPOSITE PARTY : ----------------------------------------------------------------- 1. JINTO VARGHESE, S/O. VARGHESE, PARAMBI HOUSE RESIDING AT KARUKUTTY DESOM/ VILLAGE, KARUKUTTY P.O., ERNAKULAM DISTRICT. 2. JOSHY V.O., S/O. OUSEPH, POTTAKKAL HOUSE, KORATTY P.O. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 164 of 2008(C) ORDER ON I.A.2791 OF 2008 IN M.F.A.164 OF 2008 DISMISSED 28.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J ----------------------- M.F.A.No. 164 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Workmen's Compensation Commissioner, Thrissur in WCC No. 243/04. The Insurance Company has challenged the order whereby the Workmen Compensation Commission has awarded interest on the date of the accident. The learned counsel for the Insurance Company would contend that it can be granted only from the date of award. In support of the same, he had also relied on the decision of the Apex Court reported in National Insurance Company Ltd. v. Mubasir Ahamed & another [2007 AIR SCW 1265]. A Devision Bench of this Court in the decision reported in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386] had considered this question. The Division Bench had referred to a large Bench decision of the Apex Court which is reported in Pratap Narain Singh Deo v. Shrinivas Sababa & another [AIR 1976 SC 222] and further held that when there is a conflict between decision of Supreme Court the decision of large Bench will be prevail. The Division Bench also held that in the light of large Bench M.F.A.No. 164 OF 2008 -2- decision the entitlement to interest is from the date of accident and therefore disallowed the claim of the National Insurance Company. Applying the said decision and the dictum laid down therein one cannot fault the Workmen Compensation Commissioner for awarding interest from the date of accident. Therefore the appeal lacks merit and dismissed. M.N. KRISHNAN, JUDGE vkm