IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MFA.(WCC)No. 160 of 2008 ---------------------------------------- WCC.521/2003 of W.C.C.,THRISSUR .................... APPELLANT:2ND OPPOSITE PARTY IN WCC NO.521/03: ----------------------------------------------------------------------------------- THE MANAGER, NATIONAL INSURANCE COMPANY LTD,KOLLANNUR DEVASSY SMARAKA BUILDING, THRISSUR. REPRESENTED BY THE MANAGER,NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS:APPLICANT & 1ST OPPOSITE PARTY: -------------------------------------------------------------------------------- 1. SASIDHARAN, S/O.KRISHNAN, THYVALAPPIL HOUSE, KANJIRASSERY, P.O.IRINJALAKUDA, VIA-MULLOORKARA, WADAKKANCHERY, THRISSUR DISTRICT. 2. C.V.ABRAHAM, S/O.VARGHESE, CHATHOTH HOUSE, ENKAKAD.P.O, WADAKKANCHERY, THRISSUR DIST. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.F.A.(WCC)No.160 OF 2008 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . The only dispute in this appeal filed by the Insurance Company is that the interest should have been awarded from the date of adjudication instead of the date of accident. This matter is squarely covered by the Division Bench of this Court in National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386), in which one of us (Justice J.B.Koshy) was a party, following the Constitution Bench decision of the Hon'ble Supreme Court in Pratap Narain Singh Deo v. Srinivas Sabata and another (AIR 1976 SC 222) explaining the wordings when compensation `fell due'. In K.S.E.B. v. Valsala (AIR 1999 SC 3502), a three member Bench of the Hon'ble Supreme Court held that compensation falls due on the date of the accident itself. Similar view was taken by a three member Bench of the Hon'ble Supreme Court in Maghar Singh v. Jashwant Singh (1998 (9) SCC 134). Therefore, the interest is payable from the date of accident, i.e, 18.05.2003 till the date of deposit. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks