IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No.155 of 2005 Date of Decision: 7.11.2009 Sh.Ashwani Kumar. …..Appellant. VERSUS Sh.Vishal Taneja & anr. …..Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1No For the Appellant: Mr.Dalip Sharma, Advocate. For the Respondents: Mr.Jagdish Thakur, Advocate for respondent No.2-National Insurance Company. Deepak Gupta,Judge (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. 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 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… 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. 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. November 7, 2009 ( Deepak Gupta ) (m) Judge. …3…