Dismissed

Ashwani Kumar v. Vishal Taneja

Himachal Pradesh HC7 Nov 2009FAO/155/2005

Case brief

AI extract

What is this about?

The High Court dismissed an appeal by a lawyer-appellant seeking enhancement of a Motor Accident Claims Tribunal award. The court held that the Tribunal's assessment of 10% disability and corresponding compensation was reasonable and required no interference.

What did the court decide?

Appeal dismissed; award of Rs.70,000 (including disability, medical, travel, and loss of earnings) set at Rs.70,000.

Ashwani Kumar Vs Vishal Taneja — Motor Accident Claims | Himachal Pradesh HC (2009)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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FAO No.155 of 2005

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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.

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Deepak Gupta,Judge (Oral)

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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.

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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

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1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes

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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.

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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.

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November 7, 2009 ( Deepak Gupta ) (m) Judge.

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Ashwani Kumar v. Vishal Taneja

Case brief

What is this about?

What did the court decide?

Ashwani Kumar v. Vishal Taneja

Case brief

What is this about?

What did the court decide?

What the court decided

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