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1991 Supreme(Ker) 181

K.A.NAYAR
Madhavi Amma – Appellant
Versus
Union of India – Respondent


Judgment :-

Petitioner's son was enrolled as Sepoy on 6-2-1969 in the Armed Forces, Medical College, Pune. He had about 6 years 324 days service when he died on 26-12-1975. The communication intimating this sad news to the petitioner's husband reads as under: -

"Your son was in good health and spirits on the morning of 26 Dec.75. He took part in sports of the college week celebrations and won five prizes. At about 2130 hrs he was found lying unconscious. He was immediately removed to the Command Hospital (Southern Command) PUNE for treatment but unfortunately expired on the way a post mortem was carried out on 29 Dec 75 and cause of death was assessed to be ACTUTE LEFT VENTRICULAR FAILURE FOLLOWING CORONARY OCCLUSION.

Your son was a fine soldier who displayed a keen sense of discipline, loyalty and courage during his service with this college. His death leaves a gap which will be difficult to fill."

2. The respondent in the counter affidavit stated that the deceased took part in unit games on 26-12-75 from 16.30 hrs. to 17.10 hrs. He also performed other routine duties on 26-12-75 as per charter of duties held on records. He was put on routine night duty on 26-12-75. He died on 26-12-


















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