IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MFA.No. 64 of 2008() ----------------------------- WCC.10/2003 of W.C.C.,ERNAKULAM .................... APPELLANT/2ND OPPOSITE PARTY: --------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., PERUMBAVOOR NOW REP. BY ITS ASSISTANT MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDING PADMA JUNCTION, KOCHI-35 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT/APPLICANT: -------------------------------------- K.N.UMESH @ RAVI, S/O.NATARAJAN, KEERAMPILLY PARAMBIL HOUSE, PACHALAM, EDAYAKUNNAM, NEAR S.N.D.P. OFFICE, S.CHITTOOR PO., CHERANELLORE. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.1200/2008 IN MFA. NO.64/2008. DISMISSED 19/08/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A.(WCC) NO. 64 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Workmen's Compensation Commissioner, Ernakulam in W.C.C.10/03. The claimant sustained an employment injury and he has been awarded an amount of Rs.53,041/- with 12% simple interest per annum on the said amount from the date of accident till deposit. The main challenge is regarding the commencement of the interest. It is argued by the learned counsel that interest should have been awarded only from the date of the award and not from he date of accident. This point has been precisely considered by a Division Bench of this Court reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386. This Court held that the word 'falls due' is one the date of accident and it is held as follows. “When compensation 'fell due' is the main dispute. S.3 mandates payment of compensation by employer immediately when injury occurs to a workman in the M.F.A. 64 OF 2008 -:2:- course of employment arising out of employment. S.4A(a) also casts liability to pay compensation 'as soon as it falls due' and S.4A(3) casts liability to pay interest if it is not paid within one month from the date of compensation amount 'fell due'. It is clear from the statutory provisions that amount of compensation fell due on the date of accident itself. Interest liability can be avoided by making payment/deposit or at least provisional payment/deposit within a month of the accident. If compensation 'falls due' only on the date of award, compensation has to be calculated on the provisions of the Act existing on the date of award. Now, it is settled law that compensation has to be calculated with reference to the provisions of the Act as on the date of accident as compensation 'fell due' on that date itself. Relevant date for determination of the rights and liabilities of the parties concerned is the date of accident and not the date of adjudication of the claim. M.F.A. 64 OF 2008 -:3:- 2. There has been a decision of the Apex Court and the said matter was also considered in detail and it was held that there was an earlier larger Bench Decision which held that it may be from the date of accident. So in the light of the Division Bench ruling it has to be held that there is nothing to interfere with the decision rendered by the Compensation Commissioner. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-