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2019 Supreme(SC) 1061

L.NAGESWARA RAO, HEMANT GUPTA
Secretary, Government Of India – Appellant
Versus
Dharambir Singh – Respondent


Advocates Appeared:
For the Appellant(s) : Ms. Aakanksha Kaul, Adv. Mr. A.K.Sharma, Adv. Ms. Ruchira Gupta, Adv. Ms. Mona Sinha, Adv. Mr. B.V. Balaram Das, AOR
For the Respondent(s): Mr. Avijit Bhattacharjee, AOR

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order dated March 7, 2011 passed by the Armed Forces Tribunal, Chandigarh, Regional Bench at Chandimandir, [for short, ‘Tribunal’] , granting disability pension to the respondent Dharambir Singh, as the injury was found to be attributed to military service.

2. The undisputed facts are that the respondent joined Territorial Army on December 28, 1981 and was discharged on December 13, 1999. He was granted two days casual leave from January 25, 1999 to January 26, 1999 when posted at Jalandhar Cantt. During the leave period, he met with an accident while riding a scooter and suffered head injury with Faciomaxillary and compound fracture 1/3rd Femur (LT). A Court of Inquiry [for short, ‘COI’] was conducted to investigate into the circumstances under which the respondent sustained injuries. The Brigade Commander has given its Report dated August 18, 1999 that the injuries, occurred in peace area, are attributable to military service. One of the findings of the Report recorded under Column 3(c) is reproduced her

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