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2025 Supreme(Online)(Ker) 52313

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
T.RAJALAKSHMI – Respondent


Advocates:
For the Appellants/Petitioners: SMT.RAJI T.BHASKAR
For the Respondents: SHRI.JACOB SEBASTIAN

JUDGMENT

Appellant is the 2nd opposite party in W.C.C No. 286 of

2005 of the Workmens Compensation Commissioner, Palakkad. This appeal is filed aggrieved by the direction in the impugned order to pay interest at the rate of 12% from the date of accident.

2. The appellant raises two substantial questions of law. The first question of law is as to whether the claimants in an application can be granted interest for the amount of compensation from the date of accident, if there is inordinate delay on their part to approach the Workmens Compensation Commissioner. The next question raised is as to whether the Commissioner was correct in granting interest in the rate of 12%, where as the rate of interest as per the Act at the time of occurrence of the accident was only 6%.

3. Heard the learned Counsel for the appellant and the learned Counsel appearing for respondents 1 to 4. The learned Counsel for the appellant relied on judgment of this Court in Venugopalan v. Cheeni Packaging , [2024 (1) KLT 94] , and contented that this Court in the said case held that when there was delay in filing the claim, the interest from the date of accident till the date of filing of the application cannot be gra

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