Disability pension requires a clear service nexus; Medical Board findings against attributability ordinarily prevail.

Disability pension is payable only where the disability is attributable to, or aggravated by, military service under the governing pension regulations. The Medical Board's expert finding on causation is entitled to primacy, and a court should not ordinarily disregard a clear conclusion that the disability has no service nexus unless there is a legal basis to do so. An injury suffered by an army personnel while on annual leave at home does not, by itself, establish attributability to military service. On that basis, the claim for disability pension failed and the High Court's grant was held unsustainable.

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Issues: Whether an injury suffered by an army personnel while on leave at his home can be treated as attributable to or aggravated by military service so as to entitle him to disability pension.

Analysis: Disability pension is payable only where the disability bears a causal connection with military service and falls within the governing pension regulations. The opinion of the Medical Board, being a specialised expert body, is entitled to primacy in determining attributability and aggravation. Where the Medical Board records a clear finding that the disability is neither attributable to nor aggravated by military service, the court should not disregard that finding in the absence of any legal basis to do so. An injury suffered while the soldier is on annual leave at his home does not, by itself, establish the required nexus with military service.

Conclusion: The injury was not attributable to or aggravated by military service, and the respondent was not entitled to disability pension.

Final Conclusion: The High Court's grant of disability pension was unsustainable, and the concurrent findings of the courts below rejecting the claim stood restored.

Ratio Decidendi: Disability pension can be granted only when the disability is shown to be attributable to or aggravated by military service, and a clear expert finding by the Medical Board against such connection should ordinarily be given effect.

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