Kerala High Court
The National Insurance Co.Ltd vs V.K.Kannan on 19 February, 2010
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 122 of 2009()
1. THE NATIONAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. V.K.KANNAN, S/O.KRISHNAN,
... Respondent
2. K.V.AUGUSTINE, S/O.VARKEY,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.C.RAGHAVAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/02/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.F.A.No.122 OF 2009
.............................................
Dated this the 19th day of February, 2010.
J U D G M E N T
This is an appeal preferred against the award of the Workmen's Compensation Commissioner, Palakkad in WCC.No.85/2006. The applicant sustained injuries and an amount of Rs.52,058/= was awarded. There was also a direction to pay interest from the date of accident i.e., from 1.5.1997.
2. Heard the learned counsel for both sides. It has to be remembered that when an application is filed in the normal process of time, the courts are inclined to grant interest from the date of accident. But here is a case that the accident took place on 1.5.1997 and the petition was filed on 20.1.2006. When such is the situation, the insurance company cannot be directed to pay the compensation from the date of the accident.
3. So considering this peculiar circumstance, I modify the order passed by the Workmen's Compensation Commissioner by retaining the amount awarded but : 2 : M.F.A.No.122 OF 2009 modifying the rate of interest as from the date of petition namely 20.1.2006 in stead of the date of accident 1.5.1997. The appeal is disposed of accordingly.
M.N. KRISHNAN, JUDGE cl : 3 : M.F.A.No.122 OF 2009