IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 58 of 2009()
1. NATIONAL INSURANCE CO.LTD,KANNUR
... Petitioner
Vs
1. C.K.KUNHAMINA, W/O. POKKU, C.K.HOUSE
... Respondent
2. C.K.IBRAHIM,S/O. POKKU,
3. C.K.SHAKEELA, DO. POKKU
4. C.K.SUHRA, D/O.POKKU
5. C.K.NAUSHAD, S/O. POKKU,
6. SOFIYA SEBASTIAN, S/O. SEBASTIAN
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :26/03/2009
O R D E R
R. BASANT &
C.T. RAVIKUMAR, JJ.
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M.F.A. No. 58 of 2009
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Dated this the 26th day of March, 2009
JUDGMENT
Basant,J.
The opposite party No.2/insurer in a claim petition before
the Workmen’s Compensation Commissioner is the appellant
before us. The claimants are the legal heirs of a deceased
workman who was employed by the 6th respondent herein.
They staked a claim against the 6th respondent herein and the
appellant being the insurer of the 6th respondent. By the
impugned judgment, an amount of Rs.4,33,820/- was awarded
as compensation under the Workmen’s Compensation Act,
1923 (for short `the Act’). The said amount was directed to
be paid along with interest at the rate of 12% per annum from
the date of the accident to the date of deposit.
2. The appellant claims to be aggrieved by the impugned
M.F.A. No. 58 of 2009 -: 2 :-
award. Called upon to explain the nature of the challenge which
the appellant wants to raise against the impugned award, the
learned counsel for the appellant submits that the appellant is
aggrieved by the direction for payment of interest from the date
of the accident. It is the contention of the learned counsel for
the appellant that under Sec.4A(3) of the Act interest at the rate
of 12% per annum is not liable to be paid from the date of the
accident; but is liable to be paid from the date of the award.
3. The learned counsel for the appellant places reliance on
the decisions of the Supreme Court in National Insurance Co.,
Ltd., v. Mubasir Ahmed (2007 (3) KLT 26 (SC)) and Kamala
Chaturvedi v. National Insurance Co., (2008 (4) KLT 862
(SC)). Two Division Benches of this Court had occasion
subsequently to consider the very same question. A Division
Bench headed by Justice J.B. Koshy in National Insurance Co.,
Ltd., v. Rekha (2007 (4) KLT 386) had considered the decision
in Mubasir Ahmed (supra) and has held that in the light of the
earlier larger Bench decision of the Supreme Court, interest is
liable to be paid from the date of accident itself. That view has
later been endorsed by a subsequent decision of the another
Division Bench in Harrisons Malayalam Ltd., v. Ashraf
(2009 (1) KLT 825). It is true that the decision in Kamala
M.F.A. No. 58 of 2009 -: 3 :-
Chaturvedi (supra) is rendered after the decision in Rekha
(supra). But it must be noted that in Kamala Chaturvedi
(supra) the Supreme Court had only followed the dictum in
Mubasir Ahmed. It is true that in Harrisons Malayalam
Ltd., (supra) the decision in Kamala Chaturvedi has not
been referred to also. We are satisfied that the view taken by
the Division Benches of this Court in Rekha and Harrisons
Malayalam Ltd., does not deserve any re-consideration. We
are not persuaded to agree that the matter deserves to be
referred to a larger Bench to consider the correctness of the
decisions in Rekha and Harrisons Malayalam Ltd.
4. This appeal is, in these circumstances, dismissed.
R. BASANT
(Judge)
C.T. RAVIKUMAR
(Judge)
Nan/