Nishita Mhatre, J. - (1.) The First Appeal challenges the judgment and order of the commissioner for Workmen's Compensation who has granted the respondent-workman compensation amounting to Rs. 3,40,000/ -.
(2.) The facts in this case are not disputed. The Respondent was employed as the Chief Cook on a vessel owned by the appellant. On 28-11-1992, the respondent complained of rectal bleeding. He was signed off from the vessel the next day and was admitted to a hospital in Vishakhapatnam. The doctor's certificate dated 14-2-1992 issued to him in Vishakhapatnam certifies that the respondent was suffering from Diabetes mellitus. On 2-3-1992, the respondent was operated for piles and discharged from the hospital soon thereafter. On 7-4-1992, the respondent was examined and his blood report confirmed the existence of Diabetes Mellitus. He was then certified as permanently unfit for employment on the appellant's ship.
(3.) In 1994, the respondent by an application claimed compensation on account of an injury or accident suffered by him in the course of and arising out of his employment with the appellant. The Respondent claimed that he developed diabetes on account of his employment with the Appellant. The claim was resisted by the Appellant by filing its written statement. It was contended that diabetes could not be considered an employment injury. Evidence was led before the Commissioner for workmen's Compensation - both oral and documentary. The Commissioner after assessing the evidence has directed payment of Rs. 3,40,000/- to the respondent. This order is challenged by the Petitioner by filing the present appeal.;