Victim of fratricide during exercise be treated as battle casualty, kin entitled higher pension: Armed Forces Tribunal

Vijay Mohan

Chandigarh, March 5

The Armed Forces Tribunal (AFT) has ruled that the victim of fratricide during field training involving the use of live ammunition is considered as a battle casualty and consequently the next of kin is entitled higher pensionary benefits.

In 2015, CHM Rajeev Kamal was shot dead by a colleague during small arms firing training when he was serving with an independent mechanized brigade. An Army court of inquiry had attributed his death as attributable to military service and recommended grant of terminal benefits as applicable.

His widow had approached the AFT, averring that she had been granted special family pension whereas she was entitled liberalised family pension. Special family pension amounts 60 per cent of the reckonable emoluments of the individual whereas liberalised family pension is equivalent to the last pay drawn of the individual before death.

“There are two Army orders on the subject that were issued in 2003. The first states that casualties taking place while carrying out battle inoculation or training will be treated as physical casualties for statistical purposes and battle casualties for financial purposes,” the petitioner’s counsel, Col Indra Sen Singh (retd) said.

“The other order includes casualties occurring while carrying out battle inoculation, training or operationally oriented training in preparation for actual operations due to gunshot wounds, explosions of live ammunition, explosives and mines or by drowning or electrocution in this category,” Col Sen added.

The Tribunal’s Bench comprising Justice Sunita Gupta and Vice Admiral P Murugesan also observed that as per provisions of a Ministry of Defence letter of 2001, death or disability arising as a result of battle inoculation training exercise or demonstration with live ammunition is attributable to military service and such victims are entitled liberalised family pension.

In its order a few days ago, the Bench set aside the government order of 2018 rejecting the petitioner’s claim for grant of liberalised family pension on the grounds that her husband’s death was not attributed to military service.

Ordering the Defence Ministry to grant liberalised family pension to the petitioner from the date of her husband’s death, the Bench also directed the authorities to pay her arrears of the difference between liberalised family pension and special family pension within four months.