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 23RD AUGUST 2011 / 1ST BHADRA 1933 MFA.No. 37 of 2011() ----------------------------- WCC.13/2008 of THE COMMISSIONER FOR WORKMEN'S COMPENSATION AND DEPUTY LABOUR COMMISSIONER, KOLLAM .................... APPELLANT(S): 2ND OPPOSITE PARTY: -------------------------------------------------------- THE DISTRICT INSURANCE OFFICER, DISTRICT INSURANCE OFFICE, THYCAUD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.R.JITHESH. RESPONDENT(S): APPLICANTS & IST OPPOSITE PARTY: ------------------------------------------------------------------------------- 1. GEORGE G.,CHARUVILA VEEDU, MELILA P.O., KUNNICODE, KOLLAM DISTRICT. 2. SOOSAMMA GEORGE,CHARUVILA VEEDU, MELILA P.O.,KUNNICODE, KOLLAM DISTRICT. 3. SHALI, D/O.G. GEORGE, CHARUVILA VEEDU, MELILA P.O.,KUNNICODE, KOLLAM DISTRICT. 4. SHALU.G.VARGHESE,S/O.G.GEORGE, CHARUVILA VEEDU,MELILA P.O.,KUNNICODE, KOLLAM DISTRICT. 5. SHEEBA GOERGE,D/O.GEORGE, CHARUVILA VEEDU,MELILA P.O.,KUNNICODE, KOLLAM DISTRICT. 6. THE SUPERINTENDENT OF POLICE, RURAL S.P. OFFICE, THIRUVANANTHAPURAM. R1 TO R5 BY ADV. SRI.TOJAN J. VATHIKULAM SRI.GEORGE BRISTON SMT.C.A.SEENA THIS MISC. FIRST APPEAL HAVING COME UP FOR ORDERS ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- M.F.A.(WCC) No.37 of 2011 ----------------------------------------- Dated, this the 23rd day of August, 2011 J U D G M E N T K.M.Joseph, J. After condoning the delay in filing the appeal, we took up the matter for hearing itself. 2. Appellant is the District Insurance Officer who was the 2nd opposite party before the Commissioner for Workmen's Compensation in WCC No.13/2008. The Commissioner ordered compensation in the proceedings under Section 22 of the Workmen's Compensation Act in a sum of Rs.4,27,140/- with interest @ 12%. 3. The substantial questions of law purported to be raised in the memorandum of appeal read as under: “1. Whether the date on which compensation fell due under section 4-A(3) of the Workmen's Compensation Act is the date of accident and, 2) Whether under section 4-A(3) of the Workmen's Compensation Act, insurance company is liable to pay the interest from the date of accident.” 4. We have already taken the view that there can be no question of law of the nature which is raised in view of the MFA 37/2011 -2- judgment of the Apex Court in Pratap Narain Singh Deo v. Srinivas Sabata { (1976) 1 SCC 289} . No doubt, it related to a scheduled injury. Even though there are subsequent decisions which support the appellant they appear to be rendered by Benches having lesser Bench strength. We also notice the judgments in National Insurance Company Ltd. v. Rekha [2007(4) KLT 386] and in Harrisons Malayalam Ltd. v. P.K.Ashraf and Others [2009(1) KHC 799 (DB)] . However, it is pointed out that the matter is pending in appeal before the Supreme Court against the judgment in National Insurance Company Ltd. v. Rekha [2007 (4) KLT 386). In view of the principles enunciated in National Insurance Company Ltd. v. Rekha [2007(4) KLT 386] we dismiss the appeal. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS