27 years on, AFT rules soldier’s death from mental disorder attributable to service; widow gets benefits

Twenty-seven years after a soldier died while in service, the Armed Forces Tribunal has held that his death, resulting from a psychiatric disorder, is attributable to military service, and his widow is entitled to higher pensionary benefits. The soldier was enrolled in the Army in October 1984 and passed away in August 1998 during active service due to “corrosive acid poisoning and perforation of stomach” after he had consumed some poisonous substance. A medical board had found him to be suffering from “paranoid state” (delusional disorder) and “bronchial asthma”, for which he had been admitted to various military hospitals for treatment.

In his remarks on the court of inquiry held to inquire into the circumstances of his death, the Brigade Commander had stated that the soldier was not in a correct frame of mind and took acid without knowing the after-effects of the poison. Hence, being a psychiatric case, his death should be attributable to military service in a peace station. The pension authorities, however, rejected the widow’s claim for a special family pension, which is higher than an ordinary family pension, on the grounds that the cause of death was neither attributable to nor aggravated by military service. Several appeals against the rejection order were also rejected.

The tribunal’s Chandigarh bench, comprising Justice Umesh Chandra Sharma and Air Marshal Manavendra Singh, held that from perusal of the Defence Services Regulations for the Army, it was clear that the opinion of the administrative authority — that is, the Brigade Commander, Commanding Officer, or court of inquiry — is relevant. From the record, it is established that as per the opinion of the court of inquiry recommended by the Brigade Commander, the disease due to which the soldier had died was attributable to military service. Therefore, the widow of the deceased is entitled to a special family pension by virtue of Regulation 213 of the Pension Regulations for the Army, 1961.

Observing that the Brigade Commander had also agreed with the said opinion of the court of inquiry, the Bench said that relevant sections of the Entitlement Rules for Casualty Pensionary Awards, 1982, mention “psychosis and psychoneurosis” affected by “stress and strain” under the classification of disease, and the case of the widow is also covered under the said category.