IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 97 of 2008()
1. THE MANAGER, NATIONAL INSURANCE COMPANY
... Petitioner
Vs
1. MANIKANDAN NAIR, S/O.P.V.BALAN, RESIDING
... Respondent
2. GEORGE KUTTY, S/O.MATHAI, RESIDING AT
For Petitioner :SRI.LAL GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :21/07/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
————————————–
M.F.A.(WCC).No.97 of 2008 (C)
—————————————
Dated this the 21st day of July, 2008
Judgment
Koshy,J.
The only dispute is that the interest should have been
awarded from the date of adjudication instead of the date of
accident. This matter is squarely covered by the Division Bench
decision of this Court in National Insurance Co. Ltd. v. Rekha
(2007 (4) KLT 386), in which one of us (Justice J.B.Koshy) was a
party following the Constitution Bench decision of the Hon’ble
Supreme Court in Pratap Narain Singh Deo v. Srinivas
Sabata and another (AIR 1976 SC 222) explaining the
wordings when compensation ‘fell due’. In KSEB v. Valsala
also (AIR 1999 SC 3502), a three member bench of the Apex
Court held that compensation falls due on the date of accident
itself. A three member Bench of the Honourable Supreme Court
in Maghar Singh v. Jashwant Singh (1998 (9) SCC 134)
also awarded compensation from the date of accident. The
MFA.97/08 2
Division Bench in Rekha’s case (supra) is followed by another
decision of the Division Bench of this Court also. Hence this
appeal is dismissed.
J.B.Koshy
Judge
P.N.Ravindran
Judge
prp
MFA.97/08 2
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
————————————-
W.A. No. of 2008
————————————-
Judgment
Dated:2nd July, 2008
P.N.Ravindran
Judge
prp
MFA.97/08 2
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
————————————-
W.A. No. of 2008
————————————-
Judgment
Dated:2nd July, 2008