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2003 Supreme(Ker) 268

JAWAHAR LAL GUPTA, CYRIAC JOSEPH, K.S.RADHAKRISHNAN
Baby – Appellant
Versus
Union of India – Respondent


Judgment :-

1. Who has to prove that the disability, which resulted in an individual being invalided from service, was attributable to or aggravated by military service. Does the onus lie on the authority or the individual? A Full Bench of this Court in Director General, B.S.F. v. Vijoy, 2000 (2) KLT 509, had taken the view that "the claim is made by a person claiming disability pension. Therefore, the initial burden is on him to establish that the injury sustained while in service was due to military service or was aggravated which contributed to invalidation from military service". However, when some of the present set of cases were posted before a Division Bench, it was contended that R.9 of the "Entitlement Rules for Casualty Pensionary Awards, 1982" contained in Appendix II of the Pension Regulation for the Army, 1961 had not been brought to the notice of the Bench. The rule clearly provides that "the claimant shall not be called upon to prove the conditions of entitlement." Thus, it was contended by the counsel for the respondent that the view taken by the Full Bench needs to be re-examined in the light of the said Rule. Hence, this reference by the Division Bench for conside

































































































































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