JUDGMENT

KURIAN, J.

Leave granted.

2. The appellant is aggrieved, since he has not been given adequate compensation for the injuries suffered by him in a motor accident. There is no dispute that by avocation he was a painter. The Doctor/PW2 has certified that the appellant suffered 81% disability to the limb though the whole body disability is 24.3%. It is the case of the appellant that he got himself examined on a subsequent date and whereby the doctor certified the whole body disability to 40%.

3. We find it difficult to go by that assessment, since, admittedly the said assessment has been made after the award has been passed. However, we are not happy with the way the income has been computed by the Tribunal and the High Court.

4. According to the Tribunal, though the appellant contended that he was earning around Rs.15,000/-to Rs.16,500/-, in the absence of any other evidence on record, it is difficult to accept the estimate made by the appellant. However, having regard to the age of the appellant as around 45 years and the “nature of his work”, as painter the Tribunal assessed his monthly income to Rs.5,500/-.

5. It is a case where the accident took place on 16.8.2013.

6. In the Hig