War injury compensation does not debar benefits for subsequent medical disorders, rules AFT

The Armed Forces Tribunal (AFT) has held that a battle casualty who has already received war injury compensation is entitled to additional disability benefits if he subsequently develops a medical disorder that is attributable to military service.

The ruling has come in the case of a Major General who was earlier injured in a mine blast during Operation Pawan in Sri Lanka and in the later course of service developed medical problems while serving in high altitude area.

The officer was commissioned into the Army in December 1978. He was awarded the Wound Medal in 1998 and declared a battle casualty in 1991. In accordance with the rules for battle casualties, he was retained in service and was able to meet the requirements for further promotions. At the time of being declared a battle casualty, he had opted for a one time lump sum compensation instead of the post-retirement war injury pension.

The Tribunal’s Bench comprising Justice Rajendra Menon and Lt Gen CP Mohanty observed that the grant of one-time payment waived the eligibility for the war injury element of pension, it did not deprive him of other benefits.

“In the absence of any other restriction imposed by the aforesaid regulations and any justification on part of the respondents, we could not comprehend the reason behind the denial of other entitlements of the battle casualty, including certificate that he is a battle casualty,” the Bench said in its order of October 19.

This implies that in addition to the war injury benefits availed earlier, the officer will now be entitled to disability pension for his later medical problem, Col Indra Sen Singh (retd), the counsel in the case said. Besides, he would also get other benefits that are associated with war injury pension and battle casualty status, he added. The judgement has significance for other similarly placed persons.

The Bench also expressed its disappointment with the fact that the petitioner, being a highly decorated officer who served for more than 25 years after becoming a battle casualty, had to come to this tribunal for benefits which in ordinary course should have been granted to him at the earliest.

The Bench directed the defence ministry to issue a fresh pension payment order to the officer that would entitle him to all other benefits of a battle casualty, including arrears as per rules, except the war injury element, within 60 days.