The burden of proof lies with the claimant to establish the connection between the injuries suffered in the accident and the claimed expenses for compensation.

R.K. Gauba, J.

1. The appellant suffered injuries in a motor vehicular accident on 11.12.2002 at about 4 PM near Amba Cinema, Clock Tower on road to CC Colony involving bus bearing registration No.DL 1PB 0781 (“the offending vehicle”) statedly driven by Naresh Kumar, who was arrayed as first respondent in the claim petition, registered as 137/03 before the Motor Accident Claims Tribunal (“the Tribunal”), in a rash/negligent manner. The offending vehicle was admittedly owned by the first respondent herein and was concededly insured with the second respondent herein against third party risk for the period in question. The appellant took out claim petition under Sections 166 read with Section 140 of Motor Vehicles Act, 1988 (“MV Act”) for the injuries thus suffered claiming that he had suffered permanent disability inasmuch as due to the crush injuries, the big toe, and the toe next to it, of his right lower limb had to be amputated. The Tribunal by judgment dated 07.01.2005 awarded compensation in the sum of Rs.6,27,000/- with interest payable at 6% per annum from the date of filing of the petition till realisation.

2. The appellant felt aggrieved with the quantum of compensation awarded and, thus, preferred the appeal in May, 2005. He has spent almost 11 years in this Court seeking enhancement but not prosecuting the appeal diligently. The appeal was dismissed, at least twice, once on 28.01.2008, and then on 01.04.2013. Steps for service were not taken timely and the matter remained hanging fire on the board of the Registrar for such purposes. Applications were filed for additional evidence to be adduced but then no timely or effective steps were taken. After examining one witness (AW-1) in the opportunity given for additional evidence, the statement was made on 23.03.2010 to the effect that no further evidence shall be adduced but thereafter another application was moved for the said opportunity to be again renewed.

3. Be that as it may, the grievances of the appellant are essentially that he has not been appropriately compensated for the leave of absence from his official duties which he had to avail on account of injuries suffered and for the treatment required to be taken in such regard. The appellant also submits through the appeal at hand that after the award by the tribunal he had to undergo further medical treatment and, thus, the future medical expenses will have to be reimbursed. His further grievance is that he had been denied the benefit of compensation for the expenses incurred on availing the services of a private driver inasmuch as due to the disability it has been rendered difficult for him to move around.

4. In the impugned judgment, the tribunal noted that the appellant is a general medical practitioner (physician) by avocation. His income was assessed at Rs.22,000/- per month (net). At the time of the accident he was 43 years old. The tribunal found the disability on account of amputation of the two toes to be permanent to the extent of 10% functional disability and concluded that he was entitled to compensation for loss of future earning capacity to the tune of Rs.3,96,000/-. The appellant had staked a claim for compensation on account of medical leave availed in the aftermath of the accident. The Tribunal, however, found that the documents submitted in support were of doubtful character. The appellant had not mustered any evidence from the department of New Delhi Municipal Council (NDMC) where he has been employed as a medical officer. It was in these circumstances that the Tribunal rejected his contention that he had remained on leave without pay for a period of 1½ years.

5. During the pendency of this appeal, under the directions of this Court on appellant’s request, additional evidence has been adduced, on the subject of leave availed, through Satinder Narula (AW-2) an official of the Health Department of NDMC. The witness proved a statement of leave account (Ex.AW-2/1), indicating at the instance o