IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MFA.No. 139 of 2005() ------------------------------ WCC.14/2001 of W.C.C.,ERNAKULAM .................... APPELLANT/3RD OPPOSITE PARTY ---------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY THE AUTHORISED SIGNATORY, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, KOCHI-682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS/ APPLICANT AND OPPOSITE PARTIES 1 AND 2 ------------------------------------------------------------------------------------------ 1. S.DILEEPKUMAR, VADAKKAKUNNATH, PANAVALLI.P.O., CHERTHALA. 2. M.FAR CONSTUCTIONS LIMITED., KUNDANNOR, MARADU, KOCHI-682 304. 3. M.FAR CONSTRUCTIONS LTD., F.O3, GRAM PLAZA, NO.66, INFANTRY ROAD, BANGLORE- 560 001. BY ADV. SRI.M.P.MADHAVANKUTTY - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. --------------------------------------------------- M.F.A.(W.C.Act)No.139 OF 2005 ----------------------------------------------------- Dated 24th June, 2008 JUDGMENT Koshy,J . This appeal is filed by the Insurance Company challenging the order of the Commissioner for Workmen's Compensation in which the Commissioner directed the insurance company to pay the interest also on the compensation amount. Contention of the appellant is that as per the conditions of the insurance policy, interest is not liable to be paid by them. Workmen's Compensation Insurance Policy is not a statutory policy. Liability of the insurance company depends upon the terms of the policy. Contention of the insurance company is that they are not liable to pay interest on the workmen's compensation liability. Insurance Company filed a written statement before the Commissioner. The only contention was that the accident occurred not in the course of employment, but, they did not contend that they are not liable to pay interest. They only admitted the policy. The insurance policy was also not produced. In the absence of pleadings and evidence before the Commissioner, we cannot accept the contentions of the appellant at this belated stage. The only contention pressed by the insurance company before the Commissioner for Workmen's Compensation was that the MFA.(W.C.Act)139/2005 2 accident was not arising out of employment. When the matter was informed by the employer also insurance company denied the liability. Merely due to the attitude of the insurance company, the delay occurred. Now, at this distance of time, after long delay, insurance company cannot say that they are not liable to pay interest even without making any pleadings or proof before the Commissioner. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks