Case Note & Summary
The case involves an appeal by the Government of India against an order of the Armed Forces Tribunal granting disability pension to Dharambir Singh, a former Territorial Army soldier. The respondent joined the Territorial Army on December 28, 1981, and was discharged on December 13, 1999. During his service, he was granted two days casual leave from January 25 to January 26, 1999, while posted at Jalandhar Cantt. During this leave, he met with an accident while riding a scooter to purchase electrical goods for his sister, suffering head injury and compound fracture. A Court of Inquiry found that no one was to blame and that the injuries occurred in a peace area and were attributable to military service. However, the Medical Board held that the disability was neither attributable to nor aggravated by military service, and rejected his claim for disability pension. An appeal was also rejected. The respondent then approached the Armed Forces Tribunal, which relied on Madan Singh Shekhawat v. Union of India and allowed the claim. The Supreme Court considered the arguments of both sides. The appellants argued that there was no causal connection between the injury and military service, citing Renu Devi v. Union of India and Union of India v. Vijay Kumar, where the Court held that an injury suffered during a private act on leave has no causal connection. The respondent argued that under the Defence Services Regulations, the finding of the Court of Inquiry is final in injury cases, and that any injury not caused by an 'unmilitary activity' should be deemed attributable to service. The Court examined the relevant provisions, including Section 3(i) of the Army Act, 1950, the notification under Section 9 deeming all personnel on active service, and the Leave Rules. It noted that while casual leave counts as duty, the injury must have a causal connection with military service. The Court distinguished Madan Singh Shekhawat, where the injury occurred during a military-organized sports event, and held that the present case was similar to Vijay Kumar, where the injury was during a private act. The Court concluded that the injury had no causal connection with military service and fell within the domain of a private act. Accordingly, the appeal was allowed, the Tribunal's order was set aside, and the respondent's claim for disability pension was rejected.
Headnote
A) Service Law - Disability Pension - Attributable to Military Service - Casual Leave - The injury suffered by a soldier while on casual leave for a private purpose (purchasing goods for sister) has no causal connection with military service; such injury falls in the domain of an entirely private act and does not entitle the soldier to disability pension. (Paras 4, 6-7) B) Service Law - Disability Pension - Injury Cases - Court of Inquiry Finding - The finding of the Court of Inquiry that the injury is attributable to military service is not binding on the court; the court must independently assess whether there is a causal connection between the injury and military service. (Paras 2, 4, 6) C) Service Law - Disability Pension - Casual Leave - Duty Status - While casual leave counts as duty for certain purposes, the nature of the activity during leave determines whether an injury is attributable to military service; a private activity unrelated to military duty does not satisfy the causal connection requirement. (Paras 4, 6-7)
Issue of Consideration
Whether an injury sustained by a Territorial Army soldier while on casual leave, during a private activity (riding a scooter to purchase electrical goods for his sister), is attributable to or aggravated by military service, entitling him to disability pension.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the Armed Forces Tribunal, and dismissed the respondent's claim for disability pension. The Court held that the injury suffered by the respondent had no causal connection with military service and fell within the domain of a private act.
Law Points
- Disability pension
- Attributable to military service
- Casual leave
- Causal connection
- Private act
- Injury during leave
- Defence Services Regulations
- Army Act
- 1950
