Background of the Case
The Armed Forces Tribunal (AFT) in Jammu recently ruled in favor of an army personnel’s application for disability pension after he was injured on his way to the railway station to book tickets for returning to his post. The tribunal emphasized that such an incident, as part of his travel back to duty, qualifies as an “incidence of service.” This ruling brings attention to cases where injury during off-site travel for military purposes is directly tied to the obligations of service.
Details of the Incident
The applicant, while traveling to the station on his motorcycle, met with an accident when his bike lost balance due to a stray cow on the road, resulting in a severe injury to his left leg. The applicant had intended to book his return tickets to rejoin his military unit, but this injury temporarily hindered his ability to report back to duty.
Release Medical Board’s Initial Denial
The Release Medical Board (RMB) initially denied disability pension benefits to the applicant. The board argued that his injuries were “neither attributable to nor aggravated by military service,” thus disqualifying him from receiving a disability pension. The board further stated that for an injury to qualify for disability benefits, there must be a clear “causal connection” between the injury and the applicant’s military duties—an element they claimed was missing in this case.
Tribunal’s Counterargument and Decision
The tribunal bench, comprising Justice Umesh Chandra Srivastava (Member J) and Lt General Ravendra Pal Singh (Member A), contested the board’s conclusion. They argued that the RMB’s justification for denying the disability pension was insufficient and failed to account for the specifics of the applicant’s situation. They affirmed that the applicant’s travel for ticket booking, essential for rejoining his unit, is indeed a part of his service responsibility, thereby establishing a legitimate service connection.
Applicant’s Argument and Legal Precedents
The applicant’s counsel, Arjun Bhatia, presented a case citing that the applicant had been found fit during his initial enrollment in the army, with no record of pre-existing health issues. He argued that the injury, sustained while on duty-related travel, should thus be considered attributable to and aggravated by military service. Bhatia also referenced previous Armed Forces Tribunal rulings where disability pension was granted in similar cases, further advocating for the pension to be rounded off to 50%.
In its final decision, the tribunal drew upon the Madan Singh Shekhawat v. Union of India (1999) case, which established that injuries incurred during travel to or from leave are causally connected to military service. They also adhered to the Supreme Court’s position in Jagtar Singh v. Union of India, reinforcing the stance that duty-related travel injuries qualify as service-connected.
Also Read Understanding Disability Pension in the Indian Army
Final Verdict and Disability Pension Award
The Armed Forces Tribunal set aside the Release Medical Board’s previous rejection of the applicant’s claim. The tribunal ruled that the applicant’s injury, assessed at 20% disability for life, should be considered an incidence of service and therefore eligible for disability benefits. This disability rating was further rounded off to 50%, with the pension retroactively awarded from three years before the filing date of the application.
Conclusion
This ruling by the AFT reiterates the need for a comprehensive approach in assessing cases where military personnel are injured during duty-related travel. The case highlights the importance of recognizing the service-connected nature of such incidents, reaffirming that activities performed to facilitate the fulfillment of military duties—such as travel arrangements—should be treated as integral to service obligations and eligible for appropriate benefits.
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