IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MFA.No. 168 of 2007() --------------------- WCC.461/2003 of W.C.C.,THRISSUR .................... APPELLANT: 2ND OPPOSITE PARTY ------------- NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KOLLANNUR DEVASSY SMARAK BUILDING, THRISSUR, REPRESENTED BY THE ASSISTANT MANAGER, NATIONAL INSURANCE CO.LTD., KOCHI REGIONAL OFFICE, P.B.NO,3235, OMANA BUILDINGS, PADMA JUNCTION, KOCHI-682035. BY ADV. SRI.LAL GEORGE RESPONDENTS: APPLICANT & 1ST OPPOSITE PARTY ------------------ 1. JOBY, S/O KOCHAPPAN, KARERAKATTIL HOUSE, AYYANTHOLE P.O., THRISSUR DISTRICT. 2. VISWANATHAN K.R., S/O RAVUNNY, KUTTANKULANGARA HOUSE, AYYANTHOLE P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A. (W.C.C) No.168 of 2007 ------------------------------- Dated this the 15th February, 2008. J U D G M E N T The second opposite party in W.C.C.No.461/2003, on the file of the Workmen's Compensation (Deputy Labour Commissioner), Thrissur, is the appellant. The main ground urged in the appeal memorandum is the date from which the interest was awarded. According to the appellant, interest ought to have been awarded from the date on which the compensation due to the petitioner was determined. The learned counsel for the appellant Insurer has relied on a decision reported in National Insurance Co. Ltd. v. Mubasir Ahmed (2007 (3) KLT 26 (SC), in which the Apex Court held that the liability to pay interest rises only after determining the compensation. In National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386), a Division Bench of this Court, considering the above decision of the Apex Court, held that there was an earlier larger bench decision, and in which it was held that the liability to pay interest arise on the date of accident. I respectfully follow that principle. So, the liability to pay interest arise from the date of accident and not after determining the compensation. So, there is no M.F.A.No.168/2007 2 merit in this appeal. Further, no substantial questions of law arises in this appeal for consideration. Accordingly, the appeal is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR, JUDGE nj.