IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 MFA.No. 183 of 2010() ------------------------------- WCC.211/2002 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOZHIKODE .................... APPELLANT/2ND OPPOSITE PARTY: ------------------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/APPLICANT AND OP 1: --------------------------------------------------------- 1. SARAVANAN, S/O.CHOYIKUTTY, ARIKKANATTU HOUSE, POST NORTH BEYPORE, KOZHIKODE. 2. ABDULLA KOYA V.P., S/O.MUHAMMED, VALIYAKAM PARAMBA HOUSE, CHAKKUM KADAVU, POST KALLAI, CALICUT. R1 BY ADV. SRI.AVM.SALAHUDIN. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J ===================== MFA No.183 OF 2010 ===================== Dated this the 6th day of October 2010 JUDGMENT This appeal is preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C.C.No.211 of 2002. The only point that arises for determination is with respect to the grant of interest at the rate of 12% from the date of accident. 2. Heard. Learned counsel for the insurance company would contend before me that since the amount gets crystallized only by virtue of an award, it need pay interest only from the date of award and not from the date of accident. He had also referred to the later decision rendered by two Judges Bench of the Supreme Court. A Division Bench of this Court had considered this question in the light of the later decision of the Supreme Court as well as the decision of a MFA 183/2009 -:2:- Constitution Bench of the Supreme Court in National Insurance Company v. Rekha(2008 ACJ 886). The Division Bench of this Court held that a Constitution Bench of the Supreme Court in the decision reported in Pratap Narain Singh v. Shrinivas (AIR 1976 SC 222) took the view that the entitlement of interest is from the date of accident. The Division Bench also considered the question when there is a Constitution Bench decision and a later decision of the two Judges' Bench of the Supreme Court the decision of the Constitution Bench will prevail. Therefore in the light of the Constitution Bench decision, this Court took the view that the entitlement of interest is from the date of accident and not from the date of award. This had been followed by a Single Bench decision of the Himachal Pradesh High Court in New India Assurance Company v. Budh Ram and another (2009(4) TAC 614). In the light of these pronouncements, it has to be held that the entitlement of interest is from the date of accident and MFA 183/2009 -:3:- not from the date of award. The finding of the Commissioner regarding entitlement from the date of accident is correct and therefore the appeal does not deserve any consideration and hence dismiss the appeal. M.N.KRISHNAN, JUDGE Cdp/-