JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Shri Rajesh Tiwari, learned counsel for appellant and perused the judgment and order impugned.

2. This appeal has been preferred under Section 82 of the Employees State Insurance Act, 1948, at the behest of the Employee State Insurance Corporation, has been preferred against the judgment and order dated 21.9.1993 passed by Employees Insurance Court, Kanpur in Appeal No. 70 of 1993 awarding 10% loss of earning.

3. The factual matrix as necessary for our purpose are that respondent sustained employment injuries on 11.6.1991 in his right eye. The medical board did not consider the injury as causing any loss of earning capacity, which dissatisfied the respondent herein. The respondent preferred an appeal and has claimed 10% loss of earning capacity which appeal has been accepted by the 1st appellate authority.

4. The objections were filed by the appellant-herein and the medical examination of the injury of the insured person and the reports were also placed on record. The medical board did not find any diminution of vision and, therefore, held that the respondent was not entitled for any compensation.

5. The moot question which arises for consi