IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 149 of 2008()
1. THE MANAGER, NATIONAL INSURANCE COMPANY
... Petitioner
Vs
1. GOPALAN, S/O.VELU, KARAVATTU HOUSE,
... Respondent
2. SUSHAJA GOPALAN, W/O.GOPALAN,
For Petitioner :SRI.LAL GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/10/2008
O R D E R
M.N.KRISHNAN, J.
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M.F.A. (WCC) No. 149 OF 2008
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Dated this the 3rdday of October, 2008
JUDGMENT
This appeal is preferred against the order of the Workmen’s
Compensation Commissioner, Thrissur, in W.C.C. No.191/03. The
question that has been raised in the appeal is regarding the liability of
the Insurance Company to pay the interest.
2. Learned counsel for the Insurance Company very
strongly contends before me that the interest can be awarded only
from the date of award and not earlier. In support of the same, she
had relied upon the decision of the Apex court in National Insurance
Co. Ltd. v. Mubasir Ahmed & Another [2007 AIR SCW 1265]. A
Division Bench of this court had the opportunity to consider this
question in the decision reported in National Insurance Co. Ltd. v.
Rekha [2007 (4) KLT 386]. After elaborately considering the
matter, the Division Bench found that there is a larger Bench decision
of the Supreme Court on the point reported in Pratap Narain Singh
Deo v. Shrinivas Sabata and another [AIR 1976 SC 222]. This
court basing upon the decision of the Supreme Court in Mattulal v.
MFA No. 149/08
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Radhe Lal [AIR 1974 SC 1596] held that when there is a conflict
between the decisions of the Supreme Court, the decision of the
larger Bench will prevail. Therefore it is held that it is from the date of
accident the interest is to be awarded and not from the date of
award. In the light of this decision, there is no substantial question
of law to be considered in this appeal.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps
MFA No. 149/08
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