IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 MFA.No. 149 of 2008() --------------------- WCC.191/2003 OF WORKMEN'S COMPENSATION COMMISSIONER,THRISSUR .................... APPELLANT/2ND OPPOSITE PARTY IN WCC NO.191/03: -------------------------------------------------- THE MANAGER, NATIONAL INSURANCE COMPANY LTD., MAIN ROAD, IRINJALAKKUDA, 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. GOPALAN, S/O.VELU, KARAVATTU HOUSE, RESIDING AT MADAYIKONAM VILLAGE, MAPRANAM DESOM & P.O., MUKUNDAPURAM TALUK, THRISSUR. 2. SUSHAJA GOPALAN, W/O.GOPALAN, KARAVATTU HOUSE, MADAYIKONAM VILLAGE, MAPRANAM DESOM AND P.O., MUKUNDAPURAM TALUK THRISSUR. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA No. 149/08 ORDER ON IA No. 2571/08 IN MFA No.149/08 DISMISSED 3.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.F.A. (WCC) No. 149 OF 2008 --------------------- Dated this the 3rd day of October, 2008 JUDGMENT This appeal is preferred against the order of the Workmen's Compensation Commissioner, Thrissur, in W.C.C. No.191/03. The question that has been raised in the appeal is regarding the liability of the Insurance Company to pay the interest. 2. Learned counsel for the Insurance Company very strongly contends before me that the interest can be awarded only from the date of award and not earlier. In support of the same, she had relied upon the decision of the Apex court in National Insurance Co. Ltd. v. Mubasir Ahmed & Another [2007 AIR SCW 1265]. A Division Bench of this court had the opportunity to consider this question in the decision reported in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386]. After elaborately considering the matter, the Division Bench found that there is a larger Bench decision of the Supreme Court on the point reported in Pratap Narain Singh Deo v. Shrinivas Sabata and another [AIR 1976 SC 222]. This court basing upon the decision of the Supreme Court in Mattulal v. MFA No. 149/08 2 Radhe Lal [AIR 1974 SC 1596] held that when there is a conflict between the decisions of the Supreme Court, the decision of the larger Bench will prevail. Therefore it is held that it is from the date of accident the interest is to be awarded and not from the date of award. In the light of this decision, there is no substantial question of law to be considered in this appeal. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MFA No. 149/08 3