IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MFA.No. 250 of 2009(D) ------------------------ WCC.102/2002 of W.C.C.,KOZHIKODE .................... APPELLANT(S): 2ND OPPOSITE PARTY ------------------------------------------ UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS DY. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): APPLICANT AND IST OPPOSITE PARTY RESPECTIVELY. ------------------------------------------------------------- 1. C.A.HUSSAIN, S/O.KUNHAMMED, CHOLAKKAL AKATH PUZHAKKAL HOUSE, VYTHIRI POST, WAYANAD DISTRICT. 2. K.P.SAIDALAVI, S/O.DAVA, KOTTAYATH PARAMBA HOUSE, P.O.KALLAI, CHAKKUMKADAVU, CALICUT-3. ADV. SRI.R.SUDHISH FOR R1 SMT.M.MANJU FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 250 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C.102/02. The short point that comes up for consideration is regarding the entitlement of interest, i.e., whether it is from the date of accident or it is due only from the date of order. The learned counsel for the appellant would contend before me that the Apex Court has taken the view that interest is only due from the date of order and not from the date of accident. On the other hand the learned counsel for the respondents would contend before me that the Division Bench of this Court in the decision reported in National Insurance Co. Ltd. Rekha 2007 (4) KLT 386 has considered this question in detail including the Division Bench ruling of the Hon'ble Supreme Court and had arrived M.F.A.. 250 OF 2009 -:2:- at a decision on that point. A reading of Rekha's case would reveal that the Hon'ble Supreme Court in the decision reported in Pratap Narain Singh Deo v. Shrinivas Sabata (AIR 1976 SC 222) has taken the view that the interest is due from the date of accident. 2. The Division Bench of this Court also considered the question when there is a ruling of the Division Bench of the Supreme Court as well as ruling of the Constitution Bench the decision of the Constitution Bench will prevail. So analysing the entire matter the Bench on the Rekha's case held that the insurance company is liable to pay interest from the date of accident. Following the Constitutional Bench ruling as well as the Kerala High Court rulings the Himachal Pradesh High Court in the decision reported in New India Assurance Company v. Budh Ram and another(2009 (4) TAC 614)(HP) has also held the same dictum which is as follows. ''The Constitutional Bench had already decided the question as to when compensation falls due in terms of the M.F.A.. 250 OF 2009 -:3:- Workmen's Compensation Act, 1923. Unfortunately, this decision of the Constitution Bench was not brought to the notice of the Apex Court while deciding National Insurance Company Ltd. v. Mubasir Ahmed and another, 2007 ACJ 845: 2007(2) TAC 3. Therefore, I feel that this Court is bound by the judgment rendered by the Constitutional Bench of the Apex Court and I accordingly hold that the compensation falls due on the date when the accident takes place and in case the same is not deposited within thirty days, the workman is entitled to claim interest at the rate of 12% per annum without having to show that delay in depositing the compensation was attributable to the employer. While taking this view, I am supported by a Division Bench judgment of the Kerala High Court reported in National Insurance Company Ltd. V. Rekha, 2008 ACJ 886.” M.F.A.. 250 OF 2009 -:4:- 3. Therefore in the light of the above decisions it has to be held that there is nothing to interfere with the order passed by the Compensation Commissioner regarding the entitlement of interest from the date of accident. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-