IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 MFA.No. 230 of 2010 ------------------------------------- (AGAINST THE ORDER DATED 09.06.2010 IN WCC.NO.60 OF 2006 ON THE FILE OF THE COURT OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER). .................... APPELLANT/OPPOSITE PARTY I: ----------------------------------------------- M/S.S.K.INDUSTRIAL GRANITE COMPANY REPRESENTED BY ITS MANAGING PARTNER, MATHEW PATHROSE, THAYOOR, VELOOR P.O., PIN - 650601. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENT(S)/APPLICANTS & OPPOSITE PARTY II. ----------------------------------------------------------------------------- 1. SRI.AMMINI KRISHNAN, W/O.LATE T.P.KRISHNAN, THATTILKUZHAMBIL HOUSE, PULLUVAZHY, PERUMBAVOOR, PIN-683541. 2. VINJUZHA T.K., D/O.LATE T.P.KRISHNAN, THATTILKUZHAMBIL HOUSE, PULLUVAZHY, PERUMBAVOOR, PIN- 683541. 3. NEW INDIA INSURANCE COMPANY, KUNNAMKULAM BRANCH, THRISSUR. PIN: 650 601. ADV. SRI.A.V.XAVIER FOR R1 &2 SRI.K.JOLLY JOHN FOR R1 &2 SMT.A.SREEKALA FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- M.F.A.NO.230 OF 2010 B ------------------------------------------ Dated this the 25th October, 2011 JUDGMENT K.M. Joseph, J. Appellant is the first opposite party in proceedings under Section 22 of the Workmen's Compensation Act. The Commissioner has awarded a sum of Rs.2,24,505/= with twelve per cent interest. Appellant has been made liable to pay simple interest at twelve per cent from 8.3.2006 till the date of deposit. The deposit was made on 25.12.2009. 2. When this matter came up, learned counsel for the appellant submitted that he may be able to persuade the first opposite party to agree for a lesser amount. Today, when this matter came up, learned counsel appearing for the appellant and respondents 1 and 2 would submit that they have arrived at an agreement and as per the same, respondents 1 and 2 have agreed to MFA.NO.230 OF 2010 2 forgo twentyfive per cent of the interest ordered to be paid by the appellant. In view of this agreement, we modify the order and direct that the appellant shall be liable to pay interest at the rate of nine per cent instead of twelve per cent. Counsel for respondents 1 and 2 submits that it is agreed on the basis that the amount has to be deposited within one month from today. In such circumstances, the appellant shall pay the amount as ordered within one month from today. The Appeal is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy// PS to Judge MFA.NO.230 OF 2010 3