JUDGMENT :

B.R. GAVAI, J.

1. The appeal challenges the judgment and order dated 10th October 2018 passed by the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as “AFT”) vide which the O.A. No. 149 of 2018 filed by the appellant for grant of disability pension came to be dismissed. The appellant also challenges the order dated 31st October 2018 passed in M.A. No. 1839 of 2018 in O.A. No. 149 of 2018, vide which though, the application for leave to appeal was allowed, but the AFT framed a different question of law.

2. The facts in brief giving rise to the present appeal are as under:

After serving for about 25 years in Infantry of the Regular Army, the appellant got reenrolled in the Territorial Army as a fulltime soldier on 1st August 2007. While serving in Territorial Army, on 5th April 2009, the appellant was granted 10 days’ part of annual leave from 15th April 2009 to 24th April 2009, to proceed to his home, which was at a distance of few kilometers from the Unit where he was posted. After availing the said leave, when the appellant was coming back on his scooter to rejoin his duty, on 24th April 2009, he met with a serious accident. Initially, the appellant