IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 MFA.(WCC)No. 36 of 2008() -------------------- WCC.73/2003 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KANNUR .................... APPELLANT: 2ND OPPOSITE PARTY ----------------------------- THE NATIONAL INSURANCE CO.LTD. REPRESENTED BY ITS MANAGER, 3RD PARTY WING OMANA BUILDING, NEAR PADMA JUNCTION, KOCHI 35 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: APPLICANT & 1ST OPPOSITE PARTY ------------------------------------------- 1. M.RAJESH, S/O.RAVEENDRAN ANASWARA P.O., PAPPINISSERI, KANNUR. 2. N.UNNIKRISHNAN, MADHAVA NILAYAM KUNNAVU ROAD, P.O.ALAVIL, KANNUR-8. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.(W.C.C.) No.36 of 2008 ------------------------------------------------- Dated, this the 9th day of April, 2008 JUDGMENT The substantial questions of law raised in this appeal are - whether the Commissioner for Workmen's Compensation was correct in awarding interest from the date of accident and in fixing the monthly income as Rs.4,000/- without any factual basis. It is contended that the Commissioner did not consider whether the respondent sustained injuries during the course and out of employment. Respondent No.1 was the driver of a Toyota Qualis Van owned by the second respondent. The vehicle met with an accident. It was proved that the accident occurred during the course and out of employment. The first respondent gave evidence to that effect also. That is a question of pure fact. Regarding the date from which interest is payable, the appellant has relied on the decision reported in National Insurance Company Ltd. v. Mubasir Ahamed ((2007) 2 SCC 349) in which it was held that interest became payable only after quantification of the compensation. In National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386) a Division Bench of this Court after considering the principle laid down in Mubasir Ahamed's case (supra) as MFA (WCC)No.36/2008 2 well as in Maghar Singh v. Jashwant Singh ((1998) 9 SCC 134) held that interest is payable from the date of accident. I respectfully follow the principle laid down in it. Hence there is no merit in this appeal. It is only to be dismissed. In the result, appeal is dismissed in limine. I.A.No.726/2008 in M.F.A.(WCC) No.36/2008 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks