By PTI
NEW DELHI: The Supreme Court has stated military personnel shall be entitled to incapacity pension provided that the incapacity is attributable to navy service or was aggravated by such service and if such situation is greater than 20 per cent.
A bench of Justices Abhay S Oka and M M Sundresh was listening to an enchantment filed by the Centre difficult an order of the Armed Forces Tribunal which granted incapacity pension to military personnel.
The prime courtroom agreed with the submission of Additional Solicitor General K M Nataraj that there needs to be an inexpensive connection between the accidents sustained by a member of the Armed Forces leading to incapacity and the navy service.
“Unless the disability is attributable to or aggravated by military service and is more than 20 per cent, the entitlement to disability pension does not arise,” the bench stated whereas dismissing the declare of military personnel who had sustained accidents two days after he reached the go away station.
In the current case, two days after the personnel reached the go away station, he met with an accident on a public highway, the apex courtroom stated.
“There is absolutely no nexus between the military service and injuries sustained by the respondent. There is not even a causal connection. The tribunal has completely overlooked this aspect which goes to the root of the matter. Hence, the respondent was not entitled to the disability pension,” the bench stated.
The personnel, on this case, was enrolled within the Army on June 4, 1965, and after rendering color service for 10 years and 88 days, he was transferred to the reserved institution on August 30, 1975.
During his reserve interval, he voluntarily received himself enrolled in Defence Security Corps on January 7, 1976, and was granted annual go away on November 6, 1999.
While on go away, he suffered an accident whereas crossing the highway and was hit by a scooter.
The medical board assessed the share of the incapacity of the respondent at 80 per cent and positioned him within the low medical class.
On that floor, he was invalidated out of service from September 28, 2000.
Later, he made an utility to the Armed Forces Tribunal praying for grant of incapacity pension.
The tribunal held that if a person sustains an harm throughout the interval of any sort of authorised go away and his act was not inconsistent with navy service, his incapacity is deemed to be attributable to the navy service.
NEW DELHI: The Supreme Court has stated military personnel shall be entitled to incapacity pension provided that the incapacity is attributable to navy service or was aggravated by such service and if such situation is greater than 20 per cent.
A bench of Justices Abhay S Oka and M M Sundresh was listening to an enchantment filed by the Centre difficult an order of the Armed Forces Tribunal which granted incapacity pension to military personnel.
The prime courtroom agreed with the submission of Additional Solicitor General K M Nataraj that there needs to be an inexpensive connection between the accidents sustained by a member of the Armed Forces leading to incapacity and the navy service.
“Unless the disability is attributable to or aggravated by military service and is more than 20 per cent, the entitlement to disability pension does not arise,” the bench stated whereas dismissing the declare of military personnel who had sustained accidents two days after he reached the go away station.
In the current case, two days after the personnel reached the go away station, he met with an accident on a public highway, the apex courtroom stated.
“There is absolutely no nexus between the military service and injuries sustained by the respondent. There is not even a causal connection. The tribunal has completely overlooked this aspect which goes to the root of the matter. Hence, the respondent was not entitled to the disability pension,” the bench stated.
The personnel, on this case, was enrolled within the Army on June 4, 1965, and after rendering color service for 10 years and 88 days, he was transferred to the reserved institution on August 30, 1975.
During his reserve interval, he voluntarily received himself enrolled in Defence Security Corps on January 7, 1976, and was granted annual go away on November 6, 1999.
While on go away, he suffered an accident whereas crossing the highway and was hit by a scooter.
The medical board assessed the share of the incapacity of the respondent at 80 per cent and positioned him within the low medical class.
On that floor, he was invalidated out of service from September 28, 2000.
Later, he made an utility to the Armed Forces Tribunal praying for grant of incapacity pension.
The tribunal held that if a person sustains an harm throughout the interval of any sort of authorised go away and his act was not inconsistent with navy service, his incapacity is deemed to be attributable to the navy service.
