Unfair To Classify Carpenter As Unskilled Worker; Carpentry Is Skilled Job : Supreme Court

A carpenter cannot be regarded as an unskilled worker, observed the Supreme Court while deciding an appeal to enhance motor accident compensation.

The case was regarding the claim made by a carpenter who lost his right hand following a motor vehicle accident in 2014. Since there was no documentary evidence regarding his income, the Court said that it has to rely upon the minimum wages notified for skilled workers.

The Court rejected the argument that the minimum wages applicable to unskilled workers should be applied. A bench comprising Justice Sanjay Karol and Justice Manmohan observed :

"A carpenter is somebody who uses wood anconstructs objects for daily use or beauty or in certain countries even housing. 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."

The bench referred to the observations in the judgment in State of Orissa v. Adwait Charan Mohanty 1995 Supp (1)SCC 470 which referred to the definition of "artisan" as a person who is skilled in a trade, craft or art requiring manual dexterity. Carpenter was cited as an example of an artisan in that judgment. Also, in Neeta v. Maharashtra SRTC (2015) 3 SCC 590 it was observed that carpentry is a skilled job.

Therefore, the Court applied the minimum wages for skilled workers as prevalent during the relevant time issued by the Office of the Labour Commissioner, Punjab.

The Supreme Court enhanced the compensation to Rs 15,91, 625/- from Rs 8,26,000 fixed by the High Court. The Motor Accidents Claims Tribunal had awarded Rs 6,83,982.

Case : KARAMJIT SINGH v. AMANDEEP SINGH & ANR

Citation : 2024 LiveLaw (SC) 1058

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