IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 172 of 2008()
1. NATIONAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. SHOKKATHALY C.P., S/O. MOIDEEN,
... Respondent
2. P.SAKKENA, W/O. MAYAMMUNNI,
For Petitioner :SRI.E.M.JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :13/11/2008
O R D E R
M.N. KRISHNAN, J
-----------------------
M.F.A.No. 172 OF 2008
---------------------------------
Dated this the 13th day of November, 2008
JUDGMENT
This appeal is preferred against the award of the Workmen’s
Compensation Commissioner, Trichur in W.C.C No. 400/2002. The
Claimant while employed as a driver of an Autorickshaw sustained
injuries in a road accident. He moved an application for
compensation under the Workmen Compensation Act. The
Workmen Commissioner fixed his income at Rs. 3,300/-, disability
at 12% and applying an appropriate index and arrive at a
compensation of Rs. 53,222/- with a direction to pay interest from
the date of accident. It is against that decision the Insurance
Company has come up in appeal.
2. The accident had taken place in the year 2002 and the
Workmen Compensation fixed the amount at Rs. 3,300/- as income
for an auto driver. Especially taking into consideration the
prevailing circumstances one can find that it is not on the higher
side and it is a question of fact which is decided after consideration
of the materials.
3. The next question is regarding disability. A document has
M.F.A.No. 172 OF 2008
-2-
been produced whereby permanent disability is shown as 9% and
loss of earning capacity at 15%. Commissioner has only taken 12%
loss of earning capacity and had calculated the compensation.
Under the provisions of the Workmen Compensation Act, the proper
authority to fix loss of earning capacity is a medical expert. In spite
of the same, the Compensation Commissioner has reduced
percentage and therefore it cannot be also said to be on the higher
side.
4. Lastly the question is regarding interest. The learned
counsel for the appellant relies upon a later decision of the Supreme
Court reported in National Insurance Co. Ltd. vs. Mubasir
Ahmed and another (2007 AIR SCW 1265) It is laid down in
that decision that one can get interest only from the date of the
award. A Division Bench of this Court in the decision reported in
National Insurance Co. Ltd. v. Rekha [2007 (4) KLT 386] had
considered this question. The Division Bench had referred to a
larger Bench decision of the Apex Court which is reported in Pratap
Narain Singh Deo v. Shrinivas Sababa & another [AIR 1976
SC 222] and further held that when there is a conflict between
decision of Supreme Court, the decision of larger Bench will prevail.
M.F.A.No. 172 OF 2008
-3-
According to the decision of the larger Bench, the entitlement of
interest is from the date of accident and not later. Therefore on
that point also the matter is specifically covered by the decision
referred to above. From this discussion I hold that there is no
substantial question of law much less any question of law involved
in this appeal.
Therefore the appeal lacks merit and dismissed.
M.N. KRISHNAN, JUDGE
vkm