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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
Union Of India, Represented by the Secretary, Ministry of Defence, Govt., of India, South Block – Appellant
Versus
Registrar, Armed Force Tribunal – Respondent
ORDER :
S.M. Subramaniam J.
Under assail is the order dated 16.06.2022 passed in O.A.No.37 of 2021 on the file of the Armed Forces Tribunal, Regional Bench, Chennai.
2. The Union of India represented by the Secretary, Ministry of Defence is the writ petitioner before this Court.
3. The first respondent ex-service man instituted Original Application before the Armed Forces Tribunal (hereinafter referred as AFT) challenging the validity of the order dated 29.12.2020, wherein the competent authority of the Ministry of Defence rejected the claim of the first respondent in respect of disability pension on the following grounds:-
| Ser No. | Disability (s) | Reason (s) |
| (a) | Primary Hypertension | The onset of disability was in a peace station. Hence, the disability is conceded as neither attributable to nor aggravated by service in terms of Para 43, Chap VI, GMO 2002 amendment, 2008. |
| (b) | Obesity | The disability is a life style disorder due to high intake of fatty diet and inadequate exercise which is not service related. Hence the disability is conceded as neither attributable to nor aggravated by military service. |
The Tribunal allowed the disability claim of the second respondent relying on the Judgment of the
The court held that the Medical Board's opinion on disability attribution is final unless contradicted by substantial evidence, emphasizing the need for a clear connection between the disability and ....
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
The disability pension is contingent upon demonstrable evidence that a disability is attributable to or aggravated by military service, with the medical board's findings being central to determining ....
The court established that ex-servicemen with disabilities over 20% are entitled to disability pensions, emphasizing the presumption of service connection and the burden of proof on medical authoriti....
Eligibility for disability pension requires clear evidence that the disability is attributable to or aggravated by military service, not just medical authority's opinion.
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