Hrishikesh Banerji, J. - (1.) These three Revisional Applications all under Article 227 of the Constitution of India have been heard analogously. The first application is directed against the order dated November 8, 1995 passed by the learned Judge, Employees' Insurance Court, Calcutta in Appeal No. 1 of 1993 filed in the said Court. By the impugned order the learned Judge allowed the appeal filed by the opposite party whereby the "nil" award of the Medical Board on the question of loss of earning capacity of the injured person was set aside by the learned Judge who held that the insured person had suffered 10% loss of earning capacity.
(2.) The opposite party Lochan Deo Singh has been an employee of Nuddia Mills Company Limited at Naihati, District-24 Parganas (North). On June 6, 1987 he sustained an employment injury on his left leg heel and ankle joint following sudden fall of a heavy iron material causing multiple fracture. He was under medical treatment at the E.S.I. Hospital, Kalyani, J.N.M. Hospital at Kalyani and E.S.I. Hospital at Sealdah.
(3.) He was also under the treatment of E. S. I. panelled doctors for more than two years but did not fully recover from the effects of the injuries sustained by him. As his movement was substantially restricted he was unable to perform his job as ably as he had been performing prior to the employment injury: suffered by him and that as a result there was loss of his earning capacity to a great extent. He was examined by the Medical Board on April 10, 1991 but his loss of earning capacity was assessed as 'nil' by the Medical Board.;