Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Entitlement Rules for Casualty Pensionary Awards 1982- Rule 12 and Notes (1) and (2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Entitlement Rules for Casualty Pensionary Awards, 1982 — Rule 12 and Notes (1) and (2) — Disability pension — Respondent was enrolled in Indian Army — He went on annual leave — During leave period, he went to stay at the house of his sister — While staying there, he accidentally fell down and sustained multiple injuries - Composite assessment for respondent's disability was assessed at 60% by the Medical Board — After due procedure, the respondent was invalidated from service — Respondent was paid monetary benefits due and payable to him and also other pensionary benefits — His claim for disability pension was however rejected by the competent authority stating that respondent's disabilities were neither attributable to nor aggravated due to military service — Respondent filed appeal which was rejected — Armed Forces Tribunal, however, allowed application filed by respondent holding that he was entitled to disability pension for 75% disability from the date of invalidation — Held: The ~ 1982 Entitlement Rules are beneficial in nature and ought to be liberally construed — But there has to be a reasonable causal connection between the injuries resulting in disability and the military service — On facts, the injury sustained by respondent was accidental in nature and nobody can be blamed for the same —Assessment by the Medical Board is recommendatory in nature and is subject to acceptance by the Pension Sanctioning Authority, the opinion of the Medical Board by itself cannot confer right upon the respondent to claim disability pension — After the accident when the respondent was not actually performing military service, the opinion of the Medical Board “aggravated due to stress and Strain of military service” does not appear to be in proper perspective — Clearly the injury suffered by the respondent has no causal connection with the military service — The tribunal failed to appreciate that the accident resulting in injury to the respondent was not even remotely connected to his military duty and jt falls in the domain of an entirely private act — Order of the tribunal accordingly set aside ~ Pension Regulations for the Army 1961 — Regn. 173 |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 611 |
Petitioner | Union Of India And Ors. |
Respondent | 3989606 P,ex-naik Vijay Kumar |
SCR | [2015] 14 S.C.R. 295 |
Judgement Date | 2015-08-26 |
Case Number | 6583 |
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