IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 118 of 2009()
1. THE NATIONAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. RANJITH KUMAR.K.P.,S/O.NARAYANAN NAIR,
... Respondent
2. K.SADANANDAN,S/O.KRISHNAN,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :05/06/2009
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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M.F.A.No. 118 of 2009
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Dated this the 5th day of June, 2009
JUDGMENT
Joseph, J.
The question of law purported to be raised by the appellant
in this appeal under Section 30 of the Workmen’s Compensation
Act is as follows:
“Whether in the facts and circumstances in this
case the Commissioner went wrong in directing the
appellant to pay lump sum compensation with
interest at 12% p.a. from date of the accident till
payment especially when the appellant has no
knowledge about he alleged accident.”
2. We have already taken the view that in the light of the
judgment of this Court in National Insurance Co. Ltd. v.
Rekha (2007 (4) KLT 386) as followed in Harisons
Malayalam Ltd. v. Ashraf (2009 (1) KLT 825) the purported
M.F.A.No. 118 of 2009
2
question of law cannot be considered any longer. That is to say, this
Court has taken the view that in the light of the decision of the earlier
larger Bench, there is nothing illegal in directing payment of interest
from the date of the accident. In the light of these facts, we feel that
there is no merit in this appeal.
3. The appeal is accordingly dismissed.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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