IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MFA.No. 186 of 2008(E) ---------------------------- WCC.58/2006 of W.C.C., KANNUR .................... APPELLANT(S)/2ND OPPOSITE PARTY: ------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, KASARGOD NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S)/APPLICANT: ---------------------------------- ABDULLA, S/O. KUNHAMMED BOVIKANA, BAVIKARA, MALIYAR P.O., KASARGOD TALUK. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 186 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Workmen's Compensation Commissioner, Kannur in W.C.C.58/06. The claimant is a auto rickshaw driver by profession sustained injuries in a road accident. The Doctor certified his disability at 10% and the Commissioner has awarded a total compensation of Rs.42,130/-. It is against that decision the insurance company has come up in appeal. 2. Learned counsel for the insurance company strongly contends that the income taken by the Commissioner is wrong and so also the interest awarded is incorrect. So far as the income is concerned it is a question of fact. The claimant was examined and he had deposed about his income. He is a 45 year old man and an auto rickshaw driver by profession. Under such circumstances one cannot find fault with the Commissioner for fixing the income at Rs.4,000/- per month. There is no indication of any M.A.C.A. NO. 186 OF 2008 -:2:- contra suggestion or other evidence to disbelieve that factor. Being a question of fact a substantial question of law cannot be raised on that point. The second question is regarding the interest. Relying upon the decision reported in National Insurance Co. v. Mubasir Ahmed (2007 AIR SCW 1265) it is contended that interest is only due from the date of award. A Division Bench of this Court in the decision reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 considered this question and held that there is a larger Bench decision of the Supreme Court reported in Pratap NarainSingh Deo v. Shrinivas Sabata (AIR 1976 SC 222) which holds that interest is due from the date of accident. The Division Bench also held that when there is a conflict between the decisions of the Supreme Court, decision of the larger Bench will prevail. The Division Bench held that the entitlement is from the date of accident. So I do not find any substantial question of law involved in this appeal and therefore the MFA is dismissed. M.N. KRISHNAN, JUDGE. ul/-