MANAGER LETCHMI ESTATE Vs. M MURUGAN

JUDGEMENT

(1.) THIS appeal is by the employer. Under challenge is an order of the Workmen's Compensation Commissioner.

(2.) THE workman, Murugan, sustained injury to his left index finger while operating a vibrating machine. The Chief Medical Officer of the employer assessed the disability at 3%. The Medical Board of the Idukki District issued Exhibit A1 certificate, assessing the permanent physical disability due to the injury at 10%. The workman gave evidence as A.W.1. His testimony was corroborated by A.W.2. There is no contra evidence by the management. The monthly earnings of the workman was proved. The Commissioner took it as Rs.1,700/- per month.

(3.) THE Commissioner ordered that interest would run from the date of accident, that is, 10.05.2000. Relying on the decision of the apex Court in National Insurance Co. Ltd. v. Mubasir Ahmed [2007 (3) KLT 26 (SC)], the learned counsel for the appellant argued that the starting point of the liability to pay interest is only from the date of the order of the Commissioner. We may note that this issue had obtained focused attention of the Division Bench of this Court. Analysing the various precedents, including the one referred to above, and the different aspects of the matter, it was held in M.F.A.No.59 of 2011 that the precedent law as available from the law laid down by the Apex Court categorically shows that the liability to pay interest runs from the date of accident.