Facts
The appellant, a semi-skilled worker, was electrocuted while working on an electric pole on 8 January 1997, sustaining serious injuries and permanent disability.
Source reference: pp.1–2, 4–5The Labour Court awarded him Rs.91,733 with simple interest at 9% per annum from the date of filing his claim until realization.
Source reference: pp.1–2, 4–5In the appeal, the appellant challenged only the interest rate; the assessment of disability, monthly income of Rs.1,500 and compensation calculation were not disputed
Source reference: pp.1–2, 4–5Issues
Whether the Labour Court’s award of interest at 9% per annum should be enhanced under Section 4A(3) of the Workmen’s Compensation Act
Source reference: pp.4–6Whether the respondents were jointly and severally liable for the compensation and enhanced interest
Source reference: p.6Law Applied
The Court applied Section 4A(3) of the Workmen’s Compensation Act, holding that the claimant was entitled to simple interest at 12% per annum.
Source reference: p.6It further treated the principal employer and the contractor, as respondents to the claim, as jointly and severally liable for the compensation and interest
Source reference: p.6Reasoning
The appellant confined his challenge to the rate of interest, leaving the compensation assessment undisturbed.
Source reference: pp.5–6The Court concluded that the Labour Court’s 9% rate was contrary to the entitlement it identified under Section 4A(3), and therefore enhanced interest to 12% per annum.
Source reference: pp.5–6It also held the principal employer and contractor jointly and severally liable
Source reference: pp.5–6Holding
The appeal was partly allowed.
Interest was enhanced from 9% to 12% per annum, payable from the date the claim petition was filed until realization, with all respondents held jointly and severally liable.
Source reference: p.6The respondents were directed to deposit the amount with the Labour Court within four weeks; upon deposit, it could be disbursed to the claimant after verification
Source reference: p.6Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Employee1
Original Court PDF
KUSHALSINH DUDASING CHAUHANvsCHAIRMAN- PASCHIM GUJARAT VIJ COMPANY LTD
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