IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 MFA.No. 28 of 2006() -------------------- W.C.C.288/1997 of Commissioner for Workmen's Compensation, THRISSUR. APPELLANT(S): 2ND OPPO.PARTY. ----------------------------- THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, METRO PALACE, GROUND FLOOR, OPPO.NORTH RAILWAY STATION, ERNAKULAM, KOCHI 18, REPRESENTED BY ITS MANAGER. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): IST OPPO.PARTY AND APPLICANT. -------------------------------------------- 1. C.K.VIJAYAN, S/O.CHOULLIGOURIYADATH, PULLOOTT DESOM, P.O.PULLOOTT, KODUNALLUR TALUK, THRISSUR DISTRICT. 2. SASI, S/O.VELAYUDHAN, ELUVANGAL HOUSE, KODASSERRY P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT. ADV.SRI.M.C.JOHN FOR R1. ADV. SRI.P.K.SAJEEV FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- M.F.A. (W.C.C.)No.28 of 2006 ----------------------------------------------- Dated 4th October, 2011. J U D G M E N T K.M.Joseph, J. Appellant is the second opposite party/insurer in a proceeding under Section 22 of the Workmen's Compensation Act. The Commissioner has directed payment of Rs.2,44,620/- with 12% interest from the date of accident. The Commissioner has directed the appellant to deposit Rs.50,000/- only along with interest at 12% from 14.12.1996. 2. This is a case where according to the applicant, he suffered injuries on account of fall from a coconut tree while tapping the tree. The applicant suffered the following injuries : (1) Multiple fracture on both bones at left forearm. (2) Fracture on right wrist resulting to permanent swelling. (3) Head injury due to the fall. 3. We heard the learned counsel for the appellant. Of course, the case of the appellant is that in this case, there is only a group personal accident policy. He would inter alia contend that there is no statutory liability and the policy does not indemnify the employer against any claim under the MFA 28/06 2 Workmen's Compensation Act. As far as interest is concerned, the substantial question of law purported to be raised goes to liability to pay interest when there is no statutory liability for the appellant company. 4. Learned counsel does not dispute that in this case, claimant was permitted to withdraw Rs.50,000/- from among the amount deposited by the appellant. As far as the question of interest is concerned, we notice that the appellant does not have a case that there is any clause in the contract of insurance by which the appellant can claim exemption from payment of interest. In the circumstances of this case, we dismiss the appeal. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.