Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Armed Forces - Army - Disability pension - Army personnel while on annual leave, suffered injuries in a road accident - Medical Board assessed his disability as 60% for two years - After superannuation with normal pension he claimed disability pension - HELD: The Medical Board clearly opined that the injury was neither attributable to nor connected with service - The injury which had no connection with military service cannot be termed as attributable to or aggravated by military service - The claim was rightly rejected by the authorities - Pension Regulations of the Army (Part-I), 1961 - Regulation 179 - Entitlement Rules, 1982 - Para 12(d) - Government of India Letter NO. 1(1)181/(PEN)C/ Vol. II dated 27. 10. 1998. Armed Forces - Claim for disability pension - Opinion of Medical Board - HELD: In the instant case, medical F authorities have recorded a specific finding to the effect that disability is neither attributable to nor aggravated by the military service - The High Court has failed to appreciate that the Medical Board is a Specialized Authority composed of expert medical doctors and it is the final authority to give G information regarding attribitrability and aggravation of the disability to the military service and the condition of service resulting in the disablement of the individual. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 496 |
Petitioner | Union Of India & Ors. |
Respondent | Jujhar Singh |
SCR | [2011] 8 S.C.R. 258 |
Judgement Date | 2011-07-15 |
Case Number | 4281 |
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