Court established that daily wage calculations for compensation must consider 30 workdays, distinguishing Beldar work as unskilled labor, thereby rectifying prior tribunal assessments.

ORDER :

ANOOP KUMAR DHAND, J.

1. By way of filing the instant appeal, a challenge has been led to the impugned judgment dated 15.02.2024 passed by the Motor Accident Claims Tribunal, Beawar (for short, “the Tribunal”) in Claim Case No.254/2020 (277/2022) by which a compensation of Rs.2,87,625/- has been awarded to the claimant-appellant (for short, “the claimant”).

2. Learned counsel appearing on behalf of the claimant submits that on the date of incident, i.e., on 27.08.2020, the claimant was riding on a motor bike bearing No.RJ36 SQ 4065, and all of a sudden, a vehicle, coming from the opposite side, collided with the claimant’s vehicle wherein the claimant sustained multiple simple and grievous injuries. Counsel submits that on account of the injuries, the leg of the claimant was operated and he has sustained 13% permanent disability. Counsel submits that the claimant was working as a Beldar and the same should be treated as a skilled labour, however, the Tribunal has treated the job of the claimant that of an unskilled labour. Counsel further submits that while awarding the amount of compensation, the minimum wages for 26 days have been assessed whereas a daily wager is supposed to work for 30 days, therefore, the income of the daily wager is required to be assessed for 30 days instead of 26 days.

3. Counsel for the claimant has placed reliance upon the judgment passed by this Court in the case of Nandu Devi & Anr. Vs. Sohanlal & Ors. while deciding S.B. Civil Misc. Appeal No.769/2017 dated 23.02.2022.

4. Per contra, learned counsel appearing on behalf of the respondent-Insurance Company opposes the arguments raised by counsel appearing on behalf of the claimant and submits that a Beldar cannot be treated as a skilled labour, rather the job of the Beldar falls within the category of an unskilled labour and the Tribunal has not committed any error in passing the impugned award inasmuch as proper and suitable amount of compensation has been awarded to the claimant, under all the heads. Hence, interference of this Court is not warranted and the instant appeal is liable to be rejected.

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. The following two issues have been raised in the instant appeal:

(i) Whether the work of a daily wager working as ‘Beldar’ amounts to working of ‘skilled’ or ‘unskilled’ labour?

(ii) Whether the monthly income of a daily wager is required to be determined for 26 days or 30 days in a month?

7. This Court proceeds to deal with issue no. (i). There is a lot of difference between a skilled labour and an unskilled labour and worker with specialized skills or training is a skilled labours while a worker without specialized skills or training is known as an unskilled labours.

For ready reference the difference between a skilled and an unskilled labour is described as under:

8. Several notifications have been issued by