Interest on Compensation- Employee’s Compensation Act 1923

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Advocate Akash Rathi, Lex Maven-

On 11-03-2022, the Hon’ble Supreme Court in the matter of Shobha & Ors. Vs The Chairman, Vithalrao Shinde, CIVIL APPEAL NO. 1860 OF 2022 has held that As per Section 4A(1) of Employees Compensation Act,1923  the compensation under section 4 shall be paid as soon as it falls due. Therefore, on the death of the employee/deceased immediately, the amount of compensation can be said to be falling due. Therefore, the liability to pay the compensation would arise immediately on the death of the deceased. Hence the interest on compensation shall be payable from the date of accident. Supreme Court set aside the impugned judgment and order passed by the High Court insofar as awarding the interest  after the period of expiry of one month from date of award. 

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