Gujarat High Court

Premature locking of compensation in fixed deposits for elderly claimants with urgent medical needs is unsustainable.

BHARATBHAI RAMSINGBHAI THAKOR vs TATA AIG GENERAL INSURANCE CO. LTD.

Gujarat High CourtJUDGMENT: July 16, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a 60-year-old workman, sustained fractures in both hands due to an industrial accident on September 9, 2019, while working at his employer's factory

Source reference: p. 2

A claim application under the Workmen Compensation Act, 1923, resulted in a compromise settlement dated December 11, 2023, where the respondent Insurance Company agreed to pay Rs. 2,93,933/-

Source reference: p. 2

Upon the deposit of said amount, the learned Commissioner, Labour Court, Rajkot, vide order dated February 21, 2024, permitted the disbursement of only Rs. 44,090/- and directed the remaining balance to be placed in a fixed deposit for five years

Source reference: p. 2-3

The petitioner challenged this restrictive disbursement order before the High Court

Source reference: p. 1
02

Issues

Whether the Labour Court’s direction to invest the majority of the compensation amount in a long-term fixed deposit was justified given the petitioner’s age and financial exigency

Source reference: p. 3-4
03

Law Applied

The court primarily considered Articles 226 and 227 of the Constitution of India regarding the High Court's supervisory jurisdiction

Source reference: p. 1

It further applied the remedial principles of the Workmen Compensation Act, 1923, which aims to provide timely financial relief to employees for employment-related injuries

Source reference: p. 2

The court weighed the discretionary power of the Commissioner to protect compensation funds against the actual needs and circumstances of the claimant

Source reference: p. 4
04

Reasoning

The Court observed that the petitioner is a senior citizen (60 years old) who suffered debilitating injuries—fractures to both hands—requiring surgeries

Source reference: p. 2, 4

The Court noted that the Insurance Company had already accepted the settlement and did not challenge the award

Source reference: p. 3

It reasoned that given the petitioner's advanced age and "dire need of money" for sustenance following an employment injury, a five-year lock-in period for the compensation funds was inappropriate

Source reference: p. 2-4

The Court found that the interest of justice would be better served by allowing the petitioner immediate access to the full settlement amount rather than keeping it in a fixed deposit

Source reference: p. 4
05

Holding

The High Court allowed the petition and quashed the Labour Court’s order dated February 21, 2024

The Court held that the petitioner is entitled to the full disbursement of the compensation. The Commissioner, Labour Court, Rajkot, was directed to disburse the entire amount of Rs. 2,93,933/-, along with any accrued interest, to the petitioner after following due process

Source reference: p. 4
Gujarat High Court

Original Court PDF

BHARATBHAI RAMSINGBHAI THAKORvsTATA AIG GENERAL INSURANCE CO. LTD.

Gujarat High Court · July 16, 2026

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