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Himachal Pradesh High Court · body

2009 DIGILAW 992 (HP)

ASHWANI KUMAR v. VISHAL TANEJA

2009-11-07

DEEPAK GUPTA

body2009
JUDGMENT Deepak Gupta, J.(Oral).-This appeal by the claimant has been filed for enhancement of the award. The claimant is an advocate. He met with an accident in which his left arm was fractured. 2. The facts proved on record clearly established that due to the accident, the claimant has suffered fracture in the left arm resulting in disability of 10% in relation to his left upper limb. The doctor who examined the appellant has only stated that the appellant will have difficulty in doing hard manual work. The appellant is a lawyer and is not required to hard manual work. Therefore, his earning capacity is not in any way affected by the injury caused to him. 3. The learned Motor Accident Claims Tribunal, Solan has awarded Rs.50,000/-to the appellant on account of disability, pain, suffering and loss of amenities of life. Keeping in view the nature of the injury, this in fact is slightly on the higher side and cannot be said to be conservative at all. In addition to this amount of Rs.50,000/-, the claimant has been awarded Rs.5000/- for medical expenses proved on record and Rs.5000/- for traveling expenses and special diet and Rs.10,000/-on account of actual loss of earnings. The award of Rs.70,000/- is very reasonable and calls for no interference. The appeal is accordingly dismissed. No order as to costs.