Mason Categorized As 'Skilled Labour' Under Govt. Notification: Jharkhand HC Enhances Motor Accident Compensation

The Jharkhand High Court while enhancing the award granted by the Motor Accident Claims Tribunal (MACT) to a mason clarified that it falls under 'skilled labour' category as per Jharkhand Minimum Wage Notification and not 'semi-skilled'.

The Court was considering an Appeal against the impugned Award passed by the District Judge-I-cum P.O.M.A.C.T. in Motor Accident Claim Case.

The single-bench of Justice Subhash Chand observed, "The claimants have filed this Misc. Appeal aggrieved from the Award on quantum of the compensation on the ground that the learned Tribunal has held that from the evidence on record that the deceased was a mason but held that the mason was semi-skilled labour. As such the wages which were fixed by the learned Tribunal were of semi-skilled while the mason as per Govt. Notification comes in category of skilled labour. The wages should have been assessed of a skilled labour."

The Appellant was represented by Advocate Nikhil Ranjan while the Respondent was represented by Advocate Mukesh Kumar Dubey.

The Appellant was aggrieved from the Award on quantum of the compensation on the ground that the learned Tribunal has held that from the evidence on record that the deceased was a mason but held that the mason was semi-skilled labour. As such the wages which were fixed by the learned Tribunal were of semi-skilled while the mason as per Govt. Notification comes in category of skilled labour. The wages should have been assessed of a skilled labour. Moreover, the parents of the deceased were not awarded the amount under the head of loss of consortium.

On the other hand, Counsel for the Respondent vehemently opposed the contentions made by the Counsel for the Appellant and contended that the quantum which was assessed by the Tribunal bears no infirmity and needs no interference.

The Court took note of the fact that the Tribunal has held that the deceased was a mason; but the income of the deceased was assessed as a semi-skilled worker in view of the Jharkhand Minimum Wage Notification with effect from 1st October, 2019 the Minimum Wages Act, 1948.

The Govt. of Jharkhand had released the minimum wages variable dearness allowance effective from 1st October, 2019 as accident had occurred on 27.12.2019. The total minimum wages of semi-skilled worker during the year 2019 was fixed by the Government of Jharkhand Rs. 7008.14/- per month and in round of figure the income was assessed 7,000/- per month.

"In the very Gazette Notification, the mason is shown under the category of skilled worker and the minimum wages of a skilled worker in this very Gazette Notification the monthly minimum wages are shown 9238/-. As such the income of deceased which was assessed 7,000/- by the learned Tribunal holding the mason as a semi-skilled is wrong and same requires modification because Mason is the skilled worker," the court observed.

The Court also referred to the landmark judgement in National Insurance Co. Ltd. vrs. Pranay Sethi and computed the income of the deceased accordingly.

The Court observed that so far as the amount in conventional head is concerned, the same is not challenged by the appellant and the same will remain the same as awarded by the Tribunal and also ruled that the Claimant/Appellant No. 5 & 6 are entitled to parental as well filial consortium for death of their son.

The Court cited Supreme Court's judgement in Janabai WD/o Dinkar Rao Ghorpade vrs. I.C.I.C.I. Lombard Insurance Company Ltd. 2022 to this effect.

"As such under the conventional head only modification which requires is that the parents of the deceased who are the claimant No.5 & 6 in the Claim Petition are also entitled to the amount of parental as well filial consortium of Rs.40,000/- and this same amount in view of the Judgment of National Insurance Company Ltd. vrs. Pranay Sethi 2017(16) SCC 680 should be enhanced @ 10% in every three years which becomes due in the year December, 2022. As such the amount of parental consortium Rs. 44,000/- would be added in the very amount of compensation," the court observed.

The Appeal was thus partly allowed.

Cause Title: Shakuntala Devi vs. .M/S National Insurance Co. Ltd.

Click here to read/ download Judgement: