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ANIL K. NARENDRAN, HARISANKAR V. MENON
Union Of India – Appellant
Versus
Colonel Shashi Thomas (IC 402104) (Retd), S/o. Lt Col. T. Thomas – Respondent
JUDGMENT :
Harisankar V. Menon, J.
The respondents in OA No.90 of 2019 before the Armed Forces Tribunal, Regional Bench, Kochi (for short, the ‘Tribunal’) are the appellants herein. The applicant before the Tribunal is the respondent herein.
2. The short facts necessary for the disposal of this writ petition are as follows:
The respondent herein was commissioned in the Indian Army on 19.12.1981 and superannuated on 30.11.2013. In the year 1995, the respondent sustained severe injuries due to a mine blast, the degree of disablement being assessed at 40% for life. Respondent was paid a lumpsum compensation of Rs.60,192/- as per Annexure A2 dated 14.02.2001. Later the respondent developed Bronchial Asthma, assessed at 20% by the medical authorities and treated as aggravated by military service. The respondent claimed that the blast injury to both hands was classified as ‘Battle Casualty’ by Annexure A3 dated 02.07.2009, on account of which, the respondent herein expressed his desire to refund the lumpsum compensation received with interest, for earning disability pension. The said request was rejected. At the time the respondent was relieved from service on superannuation, the Release Med
The classification of an injury as a 'Battle Casualty' allows a military personnel to claim a war injury pension upon repayment of previously received compensation, emphasizing a liberal interpretati....
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