IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST JULY 2008 / \0TH ASHADHA 1930 MFA.No. 97 of 2008() -------------------- WCC.412/2003 of W.C.C.,THRISSUR .................... APPELLANT/2ND OPPOSITE PARTY IN WCC.NO.412/2003: ----------- THE MANAGER, NATIONAL INSURANCE COMPANY LTD, PALAKKAD BRANCH.REPRESENTED BY THE MANAGER, NATIONAL INSURANCE COMPANY LTD, KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS/APPLICANT & 1ST OPPOSITE PARTY: ---------------------- 1. MANIKANDAN NAIR, S/O.P.V.BALAN, RESIDING AT KALLEPULLY, PALAKKAD DISTRICT. 2. GEORGE KUTTY, S/O.MATHAI, RESIDING AT 21-A, MILL STREET, KUMARAMPUTHUR, COIMBATORE-DIST. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A.(WCC).No.97 of 2008 (C) --------------------------------------- Dated this the 21st day of July, 2008 Judgment Koshy,J. The only dispute is that the interest should have been awarded from the date of adjudication instead of the date of accident. This matter is squarely covered by the Division Bench decision of this Court in National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386), in which one of us (Justice J.B.Koshy) was a party following the Constitution Bench decision of the Hon'ble Supreme Court in Pratap Narain Singh Deo v. Srinivas Sabata and another (AIR 1976 SC 222) explaining the wordings when compensation 'fell due'. In KSEB v. Valsala also (AIR 1999 SC 3502), a three member bench of the Apex Court held that compensation falls due on the date of accident itself. A three member Bench of the Honourable Supreme Court in Maghar Singh v. Jashwant Singh (1998 (9) SCC 134) also awarded compensation from the date of accident. The MFA.97/08 2 Division Bench in Rekha's case (supra) is followed by another decision of the Division Bench of this Court also. Hence this appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge prp MFA.97/08 2 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. of 2008 ------------------------------------- Judgment Dated:2nd July, 2008 P.N.Ravindran Judge prp MFA.97/08 2 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. of 2008 ------------------------------------- Judgment Dated:2nd July, 2008