Gujarat High Court
Employment and Labour LawCivil Law

Compensation attracts 12% simple interest from filing of the claim until realization.

KUSHALSINH DUDASING CHAUHAN vs CHAIRMAN- PASCHIM GUJARAT VIJ COMPANY LTD

Gujarat High CourtJUDGMENT: October 08, 20261 MIN READSOURCE JUDGMENT
Compensation attracts 12% simple interest from filing of the claim until realization.. KUSHALSINH DUDASING CHAUHAN vs CHAIRMAN- PASCHIM GUJARAT VIJ COMPANY LTD. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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, 4–5

The 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, 4–5

In 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, 4–5
02

Issues

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.4–6

Whether the respondents were jointly and severally liable for the compensation and enhanced interest

Source reference: p.6
03

Law 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.6

It 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.6
04

Reasoning

The appellant confined his challenge to the rate of interest, leaving the compensation assessment undisturbed.

Source reference: pp.5–6

The 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.5–6

It also held the principal employer and contractor jointly and severally liable

Source reference: pp.5–6
05

Holding

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.6

The 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.6
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.

Employee1

Section 4A
Gujarat High Court

Original Court PDF

KUSHALSINH DUDASING CHAUHANvsCHAIRMAN- PASCHIM GUJARAT VIJ COMPANY LTD

Gujarat High Court · October 08, 2026

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