Civil Law : No disability pension for Army man hurt in personal work: HC
Posted on : 26 August 2008 by SANJAY DIXIT [ Scorecard : 10340]
No disability pension for Army man hurt in personal work: HC
An Army man cannot claim disability pension for an injury resulting from an activity not connected with military service, the Delhi High Court ruled.
"Injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension. This is so regardless of whether the injury or death has occurred at the place of posting or during the working hours," the Special Bench observed while referring to a Supreme Court ruling.
A Special Bench comprising Justices Vikramjit Sen, Sanjeev Khanna and S L Bhayana passed the verdict following a difference of opinion between the judges in a Division Bench.
The Court dismissed a plea of Ex Naik Dilbagh for disability pension in addition to family pension.
In a petition, Dilbagh claimed for the disability pension after he had received a head injury in a road accident on Delhi-Panipat road while he was going to a school for the admission of his child on 25th December 1993.
At the time of the accident, Dilbagh was on a casual leave between 12th to 29 December 1993.
Rejecting the petitioner's arguments, the Bench said that he has failed to make any effort to establish that the injury was attributable to the military service.
"The injury was not sustained on the journey to and from the place of posting, the petitioner (Dilbagh), therefore, was not entitled to the Disability Pension under pension regulations," the Bench said.
Tags :
Source : india.gov.in - More Latest News ....
