IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 MFA.No. 120 of 2009() -------------------------- WCC.154/2002 of W.C.C.,THRISSUR .................... APPELLANT(S): ------------------ THE MANAGER NATIONAL INSURANCE COMPANY LTD, P.B.NO.70, MALIAKKAL BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR DISTRICT, 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 ADVS. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENT(S): -------------------- 1. RATHEESH KUMAR @ LALU S/O.K.R.PARAMESWARAN,KILLIKULANGARA HOUSE KAIPAMANGALAM P.O., THRISSUR DISTRICT. 2. K.R.SURESH KUMAR 33/2 A.V.ROAD, KHALASI PALAYAM, BANGALORE. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 120 OF 2009 = = = = = = = = = = = = = = = Dated this the 28th day of October, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C. 154/02. The Workmen's Compensation Commissioner directed payment of interest from the date of accident. It is against that decision the insurance company has come up in appeal and that is the question of law formulated by this Court. 2. The position canvassed by the insurance company is covered by two Division Bench rulings of this Court reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 and 2009 (1) KLT 825 Harrisons Malayalam Ltd. v. Ashraf and also New India Assurance Company v. Budh Ram M.F.A.. 120 OF 2009 -:2:- and another(2009(4) TAC 614)(HP). In Rekha's case this Court had considered the impact of a later Bench ruling of the Hon'ble Supreme Court as well as the decision of a previous Constitution Bench ruling and had held that when there is a conflict between the decisions of the Hon'ble Supreme Court the decision of larger Bench will prevail. The Hon'ble Supreme Court in the decision reported in Pratap Narain Singh v. Shrinivas Sabata (AIR 1976 SC 222) held that the liability is to pay interest from the date of accident. So in the light of the Constitutional Bench pronouncement the Division Bench of this Court held that the liability is to pay it from the date of accident. The later Bench in Harrisons Malayalam case also had found that the Company is liable to pay interest from the date of accident by following the Division Bench M.F.A.. 120 OF 2009 -:3:- ruling referred to above. The High Court of Himachal Pradesh in the decision referred to above also considered the whole question about the liability of the insurance company and held that the interest will accrue from the date of accident. Therefore in the light of these authoritative pronouncements it is to be held that the liability of the insurance company is to pay interest from the date of accident and not otherwise. Therefore the appeal lacks merits and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-