- (1.) This application is at the instance of the appellant and is directed against the judgment and order dated September 29, 2004 passed by the learned Judge, Employees' Insurance Court, West Bengal in Appeal No.17 of 2012.
(2.) The petitioner instituted the aforesaid appeal against the decision of the Medical Board which assessed the loss of earning capacity of the appellant/petitioner herein at 5 per cent in respect of the employment injury sustained by him on January 28, 2000. The petitioner was not satisfied with such quantum of injury as assessed by the Medical Board and so, the appeal was filed.
(3.) While disposing of the appeal, the Employees' Insurance Court allowed the appeal in part raising the extent of loss of earning capacity from 5 per cent to 7 per cent. The petitioner was not satisfied with such judgment and order of the Appellate Court and according to him, he should get at least 30 per cent of the loss of earning capacity. So, this application has been preferred.;