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2020 Supreme(Online)(KER) 30246

HIGH COURT OF KERALA
THE NEW INDIA ASSURANCE CO.LTD – Appellant
Versus
THANKA AND OTHERS – Respondent


Advocates:
['SRI MATHEWS JACOB SR', '', 'SRI P JACOB MATHEW', 'SMT CELINE JOSEPH', 'SRI GEORGE POTHAN POOTHICOTESMT K INDU POURNAMISRI M RISHIKESH SHENOYSRI M SHAHEED AHMAD', 'SRI ANIL XAVIER']

J U D G M E N T

The third opposite party, the New Assurance Company Ltd. in WCC No.157/1997 before the Commissioner for Workmen's Compensation & Deputy Labour Commissioner, Kannur, is the appellant.

2. The sole question that arises for consideration in this appeal filed challenging the impugned order dated 10.12.2010 passed by the learned Commissioner is whether the appellant was liable to pay interest from the date of accident as ordered against it.

3. The order was passed in favour of the applicants who are the legal heirs of the deceased Thankappan. Admittedly, there was insurance policy covering the accident in question and the appellant was therefore liable to indemnify the loss sustained by the employer/the sixth respondent herein.

4. As per the impugned order, the appellant was ordered to pay a sum of Rs.57,355/- with interest at the rate of 12% from the date of accident till the date of deposit of the amount. The sixth respondent herein was ordered to pay compensation of Rs.60,055/- with interest. The employer has not challenged the order and it has become final also.

5. The contention raised by the learned counsel for the appellant is that the policy did not oblige the appellan

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