2012 (5) TMI 833 - SC - Indian Laws

Disability Pension Criteria for Military Personnel Clarified by Supreme Court Decision

The Supreme Court clarified that entitlement to disability pension for military personnel hinges on the injury's attributability to military service. ... - Issues involved: Entitlement to disability pension for military personnel based on the attributability of injury to military service.Summary:The Supreme Court heard an appeal against a judgment affirming the entitlement of a respondent to disability pension due to an ailment acquired during Army service. The Court reiterated that if an injury is attributable to military service, the individual is entitled to disability pension, emphasizing the primacy of the Medical Board's opinion in such cases. The Court referenced various precedents supporting this principle. Additionally, the Court highlighted the importance of expert opinions in cases involving disability pension, citing previous judgments to emphasize the deference courts should give to expert opinions.In a recent case, the Court clarified that a discharged person can only receive disability pension if the disability is linked to military service, as determined by Service Medical Authorities. The Court stressed the significance of the Medical Board's findings in establishing the nexus between the injury and military service for disability pension claims. The Court emphasized that the claimant must demonstrate a reasonable connection between the injury and the expected duties and lifestyle of a military personnel.The Court emphasized the importance of giving weight to the expert opinion of the Medical Board in disability pension cases. In the specific case under consideration, the Medical Board concluded that the ailment was genetic and not connected to military service, leading the Court to determine that the respondent was not entitled to disability pension. Consequently, the appeal was allowed, the impugned judgments were set aside, and no costs were awarded.