SC: There has to be a reasonable causal connection between the injuries resulting in disability and the military service to claim disability pension

 

 

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Supreme Court of India was dealing with the petition challenging the judgment and order passed by the Armed Forces Tribunal, Chandigarh Bench atChandimandir.The appellants weredirected to release the disability pension quantified at 80%disability for life to the respondent from the date of his dischargefrom military service.

Brief Facts:

The respondent was enrolled in the Army. Duringhis reserve period, he voluntarily got himself enrolled in DefenceSecurity Corps on 7th January 1976. While on leavehe suffered an accident. While crossing the road, he was hitby a speedy scooter. As a result of the accident, he sustained headinjury and became unconscious. The Medical Board assessed thepercentage of the disability of the respondent at 80%. The MedicalBoard placed the respondent in low medical category (EEE). Onthat ground, he was invalidated out of service from 28th September2000.The respondent made an application to the Armed ForcesTribunal praying for grant of disability pension. The Tribunal held that if an individual sustainsan injury during the period of any kind of authorized leave and hisact was not inconsistent with Military service, his disability isdeemed to be attributable to Military service.

SC’s Observations and Held:

SC relied upon the case of Union of India&Ors. v. Vijay Kumarwhere it was held that,“The Entitlement Rules for CasualtyPensionary Awards, 1982 are beneficial in natureand ought to be liberally construed. In terms ofRule 12, the disability sustained during thecourse of an accident which occurs when thepersonnel of the armed forces is not strictly onduty may also be attributable to service onfulfilling of certain conditions enumeratedtherein. But there has to be a reasonable causalconnection between the injuries resulting indisability and the military service.”

SC observed that, two days after the respondent reached theleave station, he met with an accident on a public road. There isabsolutely no nexus between the Military service and injuriessustained by the respondent. There is not even a causalconnection. The Tribunal has completely overlooked this aspectwhich goes to the root of the matter. Hence, the respondent wasnot entitled to the disability pension.

SC allowed the appeal and set aside the Impugned Judgment.

Case Title: Union Of India &Ors. v. Ex. Naik Ram Singh 

Bench: J.Abhay S. Oka andJ.M.M. Sundresh

Citation: CIVIL APPEAL NO. 9654 OF 2014

Decided on: 18^th July, 2022 

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(With input from news agency language)

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