JUDGMENT Ashwani Kumar Mishra, J. Learned counsel for the appellant submits that since the injury in the present case was a non-scheduled injury, as such, the loss of earning capacity could be assessed only on the basis of evidence of a qualified Medical Practitioner, and the Compensation Commissioner could not have returned a finding in this regard. Reliance has been placed upon a decision of the Apex Court in the case of National Insurance Co. Ltd. Vs. Mubasir Ahmed and another, reported in (2007) 2 SCC 349 . 2. Admit on substantial question nos.3 and 6, as formulated in the memo of appeal. Issue notice to respondent nos.1 and 2. 3. Apart from normal mode of service, the appellant shall take steps for service of notice upon respondents by registered post within a week. 4. All the respondents may file counter affidavit within six weeks. Appellant will have two weeks thereafter to file rejoinder affidavit. List thereafter. 5. Till the next date of listing, it is provided that 50% of the amount deposited shall be released to the claimant upon furnishing a security other than cash and bank guarantee. Remaining amount shall be invested in fixed deposit in a nationalized bank for a period of one year, which shall be subject to the ultimate disposal of the appeal.