IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 MFA.No. 73 of 2009(A) --------------------- WCC.193/2006 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER) THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY: --------------------------------- THE NATIONAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM, KOCHI-35. S. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE SMT.K.S.SANTHI SMT.K.T.MARY RESPONDENT(S): APPLICANT & 1ST OPPOSITE PARTY: ------------------------- 1. C.L.BIJU, S/O.LANAPPAN, CHIRAYATH HOUSE, NEDUPUZHA P.O., THRISSUR. 2. VINOD, S/O.RAVUNNI, KUTTAMKULANGARA HOUSE, AYYANTHOLE, THRISSUR. ADV. SRI.DILIP J. AKKARA FOR CAVEATOR THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.F.A. NO. 73 OF 2009 --------------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT Basant, J. This appeal is preferred by the Insurance Company/second respondent before the Commissioner for Workmen's Compensation under Section 30 of the Workmen's Compensation Act, 1923 against the award directing payment of an amount of Rs.1,41,268/- to the first respondent herein, i.e., the claimant before the Commissioner. 2. The claimant had staked a claim for compensation against the second respondent, his employer as also the appellant herein/insurer. The Commissioner came to the conclusion that the claimant is entitled to the said amount of Rs.1,41,268/-. It was further directed that interest be paid on the compensation amount at the rate of 12% per annum from 5.12.2005, i.e., the date of the accident. 3. The appellant claims to be aggrieved by the impugned award. What is the grievance? Learned counsel for the appellant only contends that the award of interest at the rate of 12% per annum from the date of the accident is not correct. Relying on the decisions reported in National Insurance Co. Ltd.v . Mubasir Ahmed, 2007(3) K.L.T. 26(SC) and Kamla Chaturvedi v. National Insurance Co. ,2008(4)K.L.T. 862 (SC) M.F.A. NO. 73/2009 2 rendered by the Supreme Court, it is contended that interest at the rate of 12% can/should have been awarded only from the date of the award. In Mubasir Ahmed's Case, the Supreme Court has taken the view and the same was followed in Kamla Chaturvedi v. National Insurance Co. , 2008(4)K.L.T. 862 (SC) though there was no further discussion except to follow Mubasir Ahmed's Case. 4. The very same question came up for consideration before two Division Benches of this Court. In National Insurance Co. Ltd. v. Rekha, 2007(4) K.L.T. 386 and Harrisons Malayalam Ltd. v. Ashraf, 2009(1) K.L.T. 825, it has been held, relying on the earlier Larger Bench decision of the Supreme Court, that the direction to pay interest from the date of the accident need not be interfered with. No other contentions are raised. We have already followed the said view of the Division Bench in earlier decisions and we are satisfied that there is no reason to take a different view or refer the matter to a Larger Bench . 5. This appeal is, in the circumstances, dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.F.A. NO. 73/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. M.F.A.NO.73/2009 JUDGMENT 1st April, 2009