IMPORTANT POINT
Injuries caused by an accident to an army man due to his private act while on leave cannot be attributed to military service.

JUDGMENT :

R. BANUMATHI, J.

Delay condoned.

2. This appeal is filed against the order dated 13.07.2011 in Original Application No.248 of 2011 and order dated 31.10.2012 in M.A.Nos.795 and 796 of 2012 passed by the Armed Forces Tribunal, Regional Bench, Chandigarh (for short ‘the tribunal’) whereby the tribunal allowed the application filed by the respondent observing that the respondent is entitled to get disability pension for 75% disability from the date of his invalidation.

3. Brief facts which led to the filing of this appeal are as under:-On 25.02.1989, the respondent was enrolled in Indian Army from Branch Recruiting Office Palampur and after completion of his basic Military Training at Dogra Regiment, the respondent was posted to 12 Dogra on 05.01.1990. The respondent was granted thirty days annual leave from 14.05.2005 to 12.06.2005. However, during the leave period, on 19.05.2005 the respondent went from Himachal Pradesh to Jalandhar Cantt where his sister resides for making purchase of ornaments and clothes and articles for marriage of his younger brother. On the same day, on 19.05.2005 in Jalandhar at the house of his sister which was on second floor at about 8.00 p.m., while the respondent was climbing stairs to go to the roof of the quarter for smoking and at that time lights went off and due to darkness he slipped accidentally and fell down from the stairs and sustained multiple injuries. The respondent was initially admitted to Christian Hospital, Maqsuda where he was given first aid treatment for a night and next day on 20.05.2005, he was transferred to Military Hospital, Jalandhar for treatment of his multiple injuries. The respondent underwent four operations, he was treated in military hospital for three to four months.

However, the respondent was placed in Low Medical Category A3 (T) for 6/12 years. The respondent was sent for six weeks sick leave and he reported back for review. The respondent was brought before the Release Medical Board, wherein the RMB opined that respondent should be released from military service in Permanent Low Medical Category A-3 for six disabilities he sustained. The Release Board assessed the disabilities at Military Hospital Faizabad and composite assessment was assessed at 60%. After due procedure, the respondent was invalidated from service with effect from 28.02.2006 after completion of seventeen years of service.

4. The respondent was paid monetary benefits due and payable to him and also other pensionary benefits. The respondent’s claim for disability pension was however rejected by the competent authority stating that respondent’s disabilities are neither attributable to nor aggravated due to military service. Aggrieved by the order, the respondent filed an appeal dated 09.05.2007 before the appellate authority for grant of disability pension. The respondent also sent two representations dated 01.10.2007 and December 2007. After due inquiry, appeal was rejected by the Appellate Committee vide order dated 13.04.2007 holding that respondent was not entitled to disability pension in terms of Rule 12 of Entitlement Rule for Casualty Pensionary Award.

5. Aggrieved by the order, respondent filed O.A.No. 248 of 2011 before the tribunal. The tribunal vide impugned order dated 13.07.2011 allowed the application of the respondent holding that the respondent is entitled to disability pension for 75% disability for life by giving the benefit of rounding off from the date of invalidation. This appeal assails the correctness of the impugned order.

6. Mr. P.S. Patwalia, learned Additional Solicitor General appearing for the appellants contended that under Regulation 173 disability pension is granted to an individual who is invalidated out of service on account of disability which is either attributable to or aggravated by military service. It was submitted that in the facts of the case, the act of the respondent was not even remotely connected to his military duty and while so, the tribuna