2012 (5) TMI 833

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d, Mrs Anil Katiyar, For Respondent(s) Mr. Ashok Mathur, Mr. Anshul Narayan, Ms. Kanika Singh, Order 1. This appeal has been preferred against the impugned judgment and order dated 31-12-2007 in Union of India v. Ravinder Kumar Union of India v. Ravinder Kumar, LPA No. 212 of 2006, order dated 31-12-2007 J&K passed by the High Court of Jammu and Kashmir at Jammu by which it affirmed the o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....996 11 SCC 315, Union of India v. Dhir Singh China Union of India v. Dhir Singh China, 2003 2 SCC 382, Controller of Defence Accounts (Pension) v. S. Balachandran Nair Controller of Defence Accounts Pension v. S. Balachandran Nair, 2005 13 SCC 128, Union of India v. Keshar Singh Union of India v. Keshar Singh, 2007 12 SCC 675 and Union of India v. Surinder Singh Rathore Union of India v. Surinder ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....idering a large number of earlier judgments including Ministry of Defence v. A.V Damodaran Ministry of Defence v. A.V Damodaran, 2009 9 SCC 140, Baljit Singh and ESI Corpn. v. Francis De Costa ESI Corpn. v. Francis De Costa, 1996 6 SCC 1, came to the conclusion that in view of Regulation 179, a discharged person can be granted disability pension only if the disability is attributable to or aggrava....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es and way of life expected from such person. [See also Govt. of India (Ministry of Defence) v. Ajit Singh Govt. of India Ministry of Defence v. Ajit Singh, 2009 7 SCC 328.] 5. We are of the view that the opinion of the Medical Board which is an expert body must be given due weight, value and credence. Person claiming disability pension must establish that the injury suffered by him bears a cau....