DECISION ' The respondent Hafeezuddin was working as a Welder with appellant Fauji Sugar Mills, Tando Muhammad Khan for a period of about 25 years. In the course of employment he contracted an occupational disease peculiar to the employment as Welder namely cernia ulcer which ultimately led to the removal of his left eye. He was awarded lump sum amount of Rs,16,800 by the Commissioner for Workmen's compensation. Against this order the employers have preferred this appeal.
2. It has been argued by Mr. Raees Mushtaq, Advocate for the Sugar Mills that the respondent had not met an accident on 10th September, 1989 when he was on sick leave that day for undergoing treatment for the eye at Rajputana Hospital, Hyderabad. But under section 3(2) of the Workmen's Compensation Act, when an employee contracts any occupational disease peculiar to the employment it shall be deemed to be an injury by accident within the meaning of section 3 and shall be deemed to have arisen in the course of employment. It is therefore immaterial whether at the time of treatment when the eye was removed he was on leave. He has been awarded compensation fixed .In the schedule for loss of one eye and there is no question of any illegality in the order of awarding this compensation. There is no substance in this appeal. The order is therefore maintained and the appeal is dismissed. The amount deposited with the Commissioner may be paid to the respondent if not already released.