Disability while on leave can’t be attributed to service, rules AFT
Chandigarh, June 3
The Armed Forces Tribunal (AFT) has held that disability due to an injury sustained in an accident occurred when the individual was on annual leave cannot be attributed to military service.
Upholding the administrative decision of the authorities of denying disability pension to a sailor, the Tribunal held that the disability of the petitioner had no causal connection with the service.
The sailor suffered a fracture after falling from a motorcycle while he was at his native place on annual leave. He was placed in permanent low medical category and discharged from service in 2013, with his disability assessed at 30 per cent.
Relying on an earlier judgment of the Supreme Court, the tribunal held that the disability should not be the result of an accident which could be attributed to risk common to human existence in modern conditions in India, unless such risk was enhanced in kind or degree by nature, conditions, obligations or incidents of military service.
It observed that a person doing some act at home, which even remotely did not fall within the scope of his duties and functions as a member of the force, nor was remotely connected with the functions of military service, could not be termed as injury or disability attributable to military service.
An accident or injury suffered by a member of the armed forces must have some causal connection with military service and at least should arise from such activity as he was expected to maintain or do in his day to day life as a member of the force, the tribunal added.
