IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MFA.No. 144 of 2008(A) --------------------------------- W.C.C.NO.56/2005 OF COMMISSIONER FOR WORKMEN'S COMPENSATION, THRISSUR. .................... APPELLANT/ 2ND OPPOSITE PARTY: ----------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, THRISSUR, NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW. RESPONDENTS: ------------------------ 1. HARIDASAN E.A., EARATTARAKKAL HOUSE, PUTHUPONNANI, PONNANI SOUTH.P.O., MALAPPURAM. 2. SREEMATHI, W/O. HARIDASAN, DO. DO. R1 & R2 BY ADV. SRI.C.A.CHACKO. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO. 144/2008-A: ORDER ON I.A. NO. 2501/2008 IN M.F.A. NO. 144/2008-A DISMISSED SD/- J.B.KOSHY, JUDGE, 17/11/2008. SD/- THOMAS P.JOSEPH, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. (WCC) No. 144 of 2008 --------------------------------------- Dated this the 17th day of November, 2008 Judgment Koshy,J. A conductor of a stage carriage bus sustained injuries in an accident and succumbed to the injuries on 24.5.2004. The Tribunal fixed Rs.4,000/- as the monthly income. Major contention raised on behalf of the appellant-insurance company is that the monthly income fixed is excessive. It is contended by the learned counsel for respondents that even the Minimum Wages prescribed for a conductor is above Rs.200/- per day and hence Rs.4,000/- fixed as monthly income cannot be said to be excessive and that Rs.4,000/- fixed is the statutory maximum that can be fixed. In the circumstances, we see no reason to alter the monthly income fixed by the Commissioner. What is the monthly income of a particular workman is not a substantial question of law so as to maintain an appeal under section 30 of the Workmen's Compensation Act. 2. Next question is whether interest is payable from the date of accident. As per the mandate of section 4-A of the Workmen's Compensation Act, compensation has to be paid within M.F.A.(WCC) No.144/2008 2 one month from the date it falls due and interest has to be paid for delayed payment on the amount due. Considering the three member bench decision of the Hon'ble Supreme Court in K.S.E.B. v. Valsala ((1999) 8 SCC 254), paragraphs 7 and 8 of the Constitution Bench decision of the Hon'ble Supreme Court in Paratap Narain Singh Deo v. Shrinivas Sabata and another (AIR 1976 SC 222) and various decisions pointed out in the judgment dated 8.8.2007 in M.F.A.No.84 of 2007, a Division Bench of this court, in which one of us (J.B.Koshy, J) was a party held that as per the provisions of the Workmen's Compensation Act, interest on the compensation amount is payable from the date of accident. The SLP filed from the above judgment was dismissed as can be seen from the order of the Supreme Court in S.L.P.(C) No.10696/2008 in National Insurance Co. Ltd. v. N. Khadeeja & Others. In these circumstances, there is no merit in the appeal. Appeal dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.(WCC) No.144/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.(WCC) No.144/2008 ------------------------------------- Judgment Date:17th November,2008