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Carpenter cannot be classified as unskilled worker for accident compensation: Supreme Court [Read Order]

By Saket Sourav      28 January, 2025 03:06 PM      0 Comments
Carpenter cannot be classified as unskilled worker for accident compensation Supreme Court

New Delhi: The Supreme Court has delivered a significant ruling regarding the classification of carpenters for accident compensation calculations, emphasizing that carpentry requires skilled expertise.

Supreme Court Ruling on Carpenter’s Skilled Status for Accident Compensation

Justices Sanjay Karol and Manmohan made crucial observations while deciding an appeal concerning motor accident compensation for a carpenter who lost his right arm.

The court addressed the case involving Karamjit Singh, who suffered injuries in a collision with a vehicle on September 27, 2014, while riding his motorcycle with his son. The court noted, “A normal person who is not trained in the craft certainly cannot undertake these activities with the level of precision that is required. It would be unfair, then, to classify a carpenter as an unskilled worker.”

Court Increases Compensation for Carpenter in Motor Accident Case

Addressing the specific issue of income calculation, the court observed that little discussion had been made regarding the source of livelihood of the claimant-appellant, who was a carpenter. Consequently, the court decided to use the minimum wages for skilled workers as notified by the Labour Commissioner, Punjab.

The court highlighted previous judicial precedents, stating, “In Neeta v. Maharashtra SRTC (2015) 3 SCC 590, it was observed that carpentry is a skilled job.” The court also referenced State of Orissa v. Adwait Charan Mohanty, which cited Black’s Law Dictionary’s definition of an artisan as someone skilled in a trade requiring manual dexterity.

In its final determination, the court enhanced the compensation from Rs. 8,26,000/- (awarded by the High Court) to Rs. 15,91,625/-, including future prospects as per National Insurance Company vs. Pranay Sethi guidelines.

The court calculated the loss of future earnings based on minimum wages for skilled workers at Rs. 8,337.10, considering 74% disability and applying a multiplier of 14 along with 25% future prospects.

The appellant had initially claimed compensation of Rs. 44 lakhs, including Rs. 40 lakhs for injuries and Rs. 4 lakhs for treatment expenses.

Mr. Varun Mishra, Mr. Amit Kumar, and other advocates appeared for the appellant, while Mr. Anas Tanwir and others represented the respondents.

Case Title: Karamjit Singh vs. Amandeep Singh & Anr.

[Read Order]



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