IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 194 of 2008()
1. THE MANAGER, HARRISONS MALAYALAM LTD.,
... Petitioner
Vs
1. K.ABDU, S/O. MUHAMMED, KOLASSERY HOUSE
... Respondent
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SMT.CELINE JOSEPH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/01/2009
O R D E R
M.N. KRISHNAN, J
-----------------------
M.F.A.No. 194 OF 2008
---------------------------------
Dated this the 29th day of January, 2009
JUDGMENT
This is an appeal preferred against the judgment of the
Workmen’s Compensation Commissioner, Kannur in W.C.C. No.
28/2004. The applicant before that court sustained employment
injury and an amount of Rs. 17,721/- was awarded and there was a
direction to deposit balance amount of Rs. 10,250/- with 12%
interest from the date of accident to the date of deposit. It is
against that award of interest from the date of accident that is
disputed in this appeal.
2. The learned counsel would contend that in the decision
reported in National Insurance Co. Ltd. v. Mubasir Ahammed
and another [2007 AIR SCW 1265], there is a direction to pay
the interest only from the date of award and not from the date of
accident. The Division Bench of this court in the decision reported
in National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386],
considered this contention and held that there is a larger Bench
decision of the apex court reported in Pratap Narain Singh Deo v.
Shrinivas Sababa & another [AIR 1976 SC 222] which holds
M.F.A. 194/2008
-2-
the view that interest has to be paid from the date of the accident.
Then the Division Bench relied upon another Supreme Court
decision reported in Mattulal v. Radhe Lal [AIR 1974 SC 1596],
and held that when there is conflict between the Supreme Court
decisions, the decision of the larger Bench will prevail. So in the
light of this decision one cannot find fault with the Workmen’s
Compensation Commissioner for having granted interest from the
date of accident.
Therefore the appeal lacks merit and the same is dismissed.
M.N. KRISHNAN,JUDGE
vkm