IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
NATIONAL INSURANCE CO LTD – Appellant
Versus
PANDIYAMMAL MOKKARAJ – Respondent
JUDGMENT
Appellant is the 2nd opposite party in E.C.C No.18 of 2021 on the files of the Commissioner for Employee’s Compensation (Industrial Tribunal), Alappuzha. Respondents 1 to 3 herein were the applicants before the commission. The 4th respondent was the
1st opposite party in the E.C.C.
2. Respondents 1 to 3 sought compensation for the death of the husband of the 1st respondent and the father of respondents 2 and 3. The learned Commissioner found that the respondents 1 to 3 were entitled for receiving compensation. The Commissioner fix Rs.5,87,300/- (Rupees Five Lakh Eighty Seven Thousand Three Hundred only) as compensation. The Commissioner also granted interest at the rate of 12% from the date of accident. The interest was quantified as Rs.1,87,083/-
(Rupees One Lakh Eighty Seven Thousand Eighty Three only).
3. The dispute in this appeal is regarding the liability to pay the interest granted by the Commissioner. The appellant insurer submits that the liability to pay interest was specifically excluded. The appellant relies on Exhibit D4. I have perused Exhibit D4. Interest and/or penalty imposed on the insured under any law or otherwise is specifically excluded as pointed out by
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