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. 27 of 2009 -------------------- WCC No.64/2006 ON THE FILES OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION,ERNAKULAM .................... APPELLANT: ------------ THENEW INDIA ASSURANCE CO. LTD., RAVIPURAM BRANCH, IST FLOOR, VALLAMATTAM ESTATE, M.G. ROAD, KOCHI 15, REPRESENTED BY IT'S MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: ---------------- 1. SRI. MARY BETSY, W/O. P.R. LENIN, PARATTI HOUSE, PUTHUVYPU P.O., ERNAKULAM DISTRICT. 2. LIBIN MINOR),S/O. LENIN, PARATTI HOUSE, PUTHUVYPU P.O., ERNAKULAM DIST, REPRESENTED BY HIS MOTHER MARY BETSY W/O. P.R. LENIN, PARATTIL HOUSE, PUTHUVYPU P.O., ERNAKULAM DIST. 3. LIBITHA D/O. LENIN, PARATTIL HOUSE, PUTHUVYPU P.O., ERNAKULAM DISTRICT, REPRESENTED BY HIS MOTHER MARY BETSY, W/O. P.R. LENIN, PARATTI HOUSE, PUTHUVYPU P.O., ERNAKULAM DISTRICT. 4. RAGHAVAN, F/O. LENIN, PARATTI HOUSE, PUTHUVYPU P.O., ERNAKULAM DISTRICT. MFA(WCC) No.27/2009 5. RADHA, D/O. RAGHAVN, PARATTI HOUSE, PUTHUVYPU P.O., ERNAKULAM DISTRICT. 6. PIONEER INFRASTUCTURE CO PVT LTD., 3RD FLOOR, BEEJAY TOWERS, RAJAJI ROAD, KOCHI -36. 7. BHARATH BUILDERS, ENGINEERS & CONTRACTORS, KADAVANTHARA, KOCHI -17. 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.(W.C.C.) No. 27 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 JUDGMENT RAMACHANDRAN NAIR, J Since the question raised by the appellant/insurance company is against their liability to pay interest which is a matter decided by the Supreme Court in New India Assurance Co.Ltd. v. Harshadbhai Amrutbhai Modhiya [2006(2) KLT 667] and since this judgment is not seen by the Commissioner, we feel the matter should be reconsidered by the Commissioner again. We, therefore, dispose of the appeal directing the Commissioner to issue notice to the appellant and the claimants and reconsider the interest matter after considering the judgment of the Supreme Court and after verifying the factual case of the Insurance Company that accident though intimated, they were not informed about the claim or furnished a copy of the claim petition and rectify the order to the extent required within a period of three months from the date of production of a copy of this judgment. The Commissioner MFA(WCC) No.27/09 -:2:- shall withhold the interest amount already deposited by the Company until a fresh decision is taken, after notice to the parties. C.N.RAMACHANDRAN NAIR, JUDGE C.K. ABDUL REHIM, JUDGE ttb