IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MFA.No. 20 of 2009 -------------------- WCC No.37/2007 ON THE FILES OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION,ERNAKULAM .................... APPELLANT: ------------- ORIENTAL INSURANCE CO.LTD. THRIPUNITHURA, REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE ERNAKULAM, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ----------------- 1. GEETHA RAVI.K.N., W/O.T.K.RAVI, PUNNAVAYALIL HOUSE, CONVENT ROAD, S.N.JUNCTION THRIPUNITHURA.PO. 2. JEEVAN.P.R., S/O.RAVI, PUNNAVAYALIL HOUSE, CONVENT ROAD, S.N.JN., THRIPUNITHURA.PO. 3. SUNIL.P.R., S/O.RAVI, PUNNAVAYALIL HOUSE CONVENT ROAD, SN.JN, THRIPUNITHURA.PO., 4. MANAGER, ST.JOSEPH'S GGHS, THRIPUNITHURA. R1 TO R3 BY ADV. SRI.ANIL S.RAJ THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K. ABDUL REHIM JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 20 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 JUDGMENT RAMACHANDRAN NAIR, J The question raised in this appeal is about the liability of the Insurance Company to pay interest on the compensation awarded by the Workmen's Compensation Commissioner. 2. We have heard the counsel appearing for the claimants at admission stage. Since the issue is now covered by the judgment of the Supreme Court reported in Kamala Chaturvedi v. National Insurance Co. [2008 (4) KLT 862], we dispose of the appeal by directing the Commissioner to reconsider the Company's liability for interest with reference to the decision of the Supreme Court. If there is factual controversy as to whether the accident was intimated or not, the Commissioner will decide the same also. Accordingly, the appeal is disposed of directing the Commissioner to reconsider the matter and decide the issue afresh, after issuing notice to the parties including the employer within a period of three months from the date of receipt of a copy of this MFA No.20 /2009 -:2:- judgment. Release of the interest portion will be withheld, until a fresh decision is taken. Fresh order will be made in modification of the original order on interest. C.N.RAMACHANDRAN NAIR, JUDGE C.K. ABDUL REHIM, JUDGE ttb