IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 MFA.No. 74 of 2009(A) -------------------- W.C.C.NO.11/2006 OF COMMISSIONER FOR WORKMEN'S COMPENSATION, ERNAKULAM APPELLANT: 2ND OPPOSITE PARTY: --------------------------------- NATIONAL INSURANCE CO. LTD., NEW DELHI, REPRESENTED BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G.ROAD, KOCHI-35. BY ADV. SRI.E.M.JOSEPH RESPONDENT(S): --------------- 1. FATHIMA RIYAS @ ELIZABETH SABU, W/O.RIYAS, PALLATHI HOUSE, EROOR P.O., TRIPUNITHURA. 2. SRI.ABDUL REHMAN, S/O.BAVA, PALLATHI HOUSE, EROOR P.O., TRIPUNITHURA. 3. SMT.SUHARA, W/O.ABDUL REHMAN, PALLATHI HOUSE, EROOR P.O., TRIPUNITHURA. 4. SMT.ASMA, D/O.ABDUL REHMAN, PALLATHI HOUSE, EROOR P.O., TRIPUNITHURA. 5. SMT.SHAMEENA, D/O.ABDUL REHMAN, PALLATHI HOUSE, EROOR P.O., TRIPUNITHURA. 6. SRI.FAISAL HAMEED, DOOR NO.31/2266, KULANGARA PARAMBU, THAMMANAM P.O., KOCHI-32. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON 02/04/2009 DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.F.A No.74 of 2009 ------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT BASANT, J. 2nd respondent/insurer before the Workmen's Compensation Commissioner is the appellant before us. Respondents/claimants had approached the Workmen's Compensation Commissioner claiming compensation for loss suffered by them as a result of death of the husband of the 1st claimant, who was an employee of the 1st respondent and who suffered employment injury arising out of and in the course of his employment. The appellant herein was the insurer of the 1st respondent and was arrayed as the 2nd respondent. The Commissioner came to the conclusion that the claimants are entitled to an amount of Rs.4,36,940/- as compensation under the Workmen's Compensation Act. That amount was directed to be paid along with interest @ 12% per annum from the date of the accident to the date of deposit. 2. The appellant claims to be aggrieved by the impugned order. Called upon to explain the nature of the challenge which M.F.A No.74 of 2009 2 the appellant wants to mount against the impugned order, the learned counsel for the appellant assails the impugned award on one sole ground. He contends that award of interest @ 12% per annum from the date of the accident is not justified. Interest could have been awarded only from the date of the award, contends the learned counsel for the appellant. The learned counsel relies on the decision in National Insurance Co.Ltd. v. Mubasir Ahmed [2007(3) KLT 26(SC)]. He relies on the later decision in Kamla Chaturvedi v. National Insurance Co. [2008(4) KLT 862 (SC)] which has only followed the decision in National Insurance Co.Ltd. v. Mubasir Ahmed (supra). 3. This question has already received the attention of this Court. Two earlier reported decisions of the Division Benches in National Insurance Co. Ltd. v. Rekha [2007(4) KLT 386) and Harrisons Malayalam Ltd. v. Ashraf [2009(1) KLT 825] had clearly held relying on an earlier decision of a larger Bench of the Supreme Court that interest can be awarded from the date of the petition in a claim under the Workmen's Compensation Act. We have already followed those decisions of the Division benches in earlier decisions. We find no reason to take a view different from the view taken by this Court in M.F.A No.74 of 2009 3 National Insurance Co. Ltd. v. Rekha and Harrisons Malayalam Ltd. v. Ashraf (supra). We find no reason to refer the matter to a larger Bench for consideration. 4. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-