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2026 Supreme(Online)(SC) 386

SUPREME COURT OF INDIA
ARAVIND KUMAR, PRASANNA B. VARALE, JJ
SAREVESH KUMAR – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Kaushal Yadav, AOR, Mr. Nandlal Kumar Mishra, Adv., Mr. Onkar Nath Sharma, Adv., Mr. Ritul Tandon, Adv., Ms. Naina Garg, Adv., Ms. Priyanka, Adv.
For the Respondents: Mr. Satya Darshi Sanjay, A.S.G., Mr. Shubh Sharma, Adv., Mr. Shubham P. Mishra, Adv., Mr. Khushal Kolwar, Adv., Ms. Nikita Sethi, Adv., Mr. Divyam Aggarwal, Adv., Mr. Mukesh Kumar Maroria, AOR, Mr. Satya Jha, Adv., Mr. Sudhakar Kulwant, Adv., Mr. Praneet Pranav, Adv., Mr. Raman Yadav, Adv., Rekha Pandey, Adv.

Table of Content
1. assessment of disability due to lifestyle factors. (Para 1 , 2)
2. dismissal of appeal due to lack of merit. (Para 3 , 4)

ORDER

2. In the instant case having perused the First Medical Report and the opinion of the Medical Board, it would leave no manner of doubt in us that the disease of “Stroke Ischemic RT MCA TERRITORY” was not attributable to service nor aggravated on account of service and we say so for the simple reason that in both the reports, it was clearly indicated that the appellant was in the habit of smoking bidis that too ten bidis per day and it is trite position of medical law that an ischemic stroke occurs when a blood clot or fatty plaque (atherosclerosis) blocks an artery leading to brain, restricting oxygen which reduces blood flow and causing brain tissue damage and the medical opinion categorizing risk factors includes high blood pressure (hypertension), smoking, diabetes, high cholesterol, i.e., dyslipidemia, obesity and atrial fibrillation. In the instant case, the Medical Review Board has clearly opined that on account of continuous smoking, the disease of “Stroke Ischemic RT MCA TERRITORY” attributable to the appellant could have occasioned

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