Back
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Union of India – Appellant
Versus
Saroj Devi – Respondent
JUDGMENT
ABHAY S. OKA, J.
1. Leave granted.
FACTUAL ASPECT
2. The respondent is the widow of late Naik Inderjeet Singh (for short, ‘the deceased’). The deceased was employed in the Indian Army on 27th February 1996. He was part of an Area Domination Patrol. The Area Domination Patrol was launched from Manjit Main to Rangwar Post for domination of the Rangwar gap in the proximity of the Line of Control (for short, ‘LC’) along the Anti Infiltration Obstacle System (for short, ‘AIOS’). A fence built by the Indian Army to prevent cross-border infiltration is known as AIOS. He complained of breathlessness during duty in extreme climatic conditions from 1.00 a.m. to 3.30 a.m. on 23rd January 2013. He was taken to the nearby Rangwar Post. The regimental medical officer found the condition of the deceased very critical. He could not be air-evacuated due to bad weather. Therefore, he was evacuated on foot. When he was taken to Chowkibal's MI room, he was declared dead. The cause of death was cardiopulmonary arrest. His death was initially classified as a ‘battle casualty’ but was later classified as a ‘physical casualty’ attributable to military service. The respondent was granted all terminal
Death Benefits – Widow of a serviceman cannot be harassed for getting due service benefits payable to her.
The court held that a police officer's death due to cardiac issues while on duty in a high altitude area was attributable to service conditions, entitling the widow to Extraordinary Pension and ex-gr....
Death due to heart attack while on duty is considered accidental under compensation regulations for government employees, entitling the dependent to benefits.
The main legal point established in the judgment is the entitlement to extraordinary family pension under the Central Civil Services (Extra Ordinary Pension) Rules, 1939, in cases where the death of ....
The court emphasized that extraordinary family pension claims should be liberally interpreted, rejecting denial based on unsupported allegations of intoxication.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
