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2012 (4) TMI 770 - SC - Indian Laws

Issues involved: Appeal against the judgment granting disability pension based on injury suffered by military personnel while on leave.

Facts: The respondent, an Army personnel, suffered a serious eye injury while on annual leave at his home town. Medical Board concluded the disability was not attributable to military service. Courts below dismissed the claim for disability pension.

Legal Principles: The opinion of the Medical Board is crucial in deciding disability pension cases for military personnel. Court should not disregard the Board's opinion. Previous judgments emphasize the importance of a nexus between injury and military service for eligibility for disability pension.

Judgment: The Supreme Court held that an injury suffered by a military personnel while on leave at home, not attributable to or aggravated by military service, does not entitle the individual to disability pension. The Court emphasized the primacy of the Medical Board's opinion and the need for a causal connection between the injury and military service. The appeal was allowed, setting aside the High Court's judgment and restoring the decisions of the Trial Court and First Appellate Court.

 

 

 

 

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