Compensation under military regulations excludes conditions attributable to personal lifestyle choices such as smoking.

ORDER

1. Having heard the learned counsels appearing for the appellant and learned ASG appearing for the State, we find that Tribunal has taken note of Regulation 173 of Pension Regulations for the Army , 1961 and paragraph 6 of the Guide to Medical Officers, 2002 which would indicate that “compensation cannot be awarded for any disablement or death arising from intemperance in the use of alcohol, ‘tobacco’ or drugs or sexually transmitted disease, as these are the matters within the member’s own control.” (emphasis supplied by us)

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 and as such Medical Board has concluded that it is neither attributable to service nor aggravated due to service conditions. The judgment of Bijender Singh Vs. Union of India & Ors. in Civil Appeal Nos.4458-4459/2024 relied upon by the learned counsel appearing for the appellant when perused would clearly show that it was a clear case where the appellant therein was working in Siachen Glacier which is high altitude posting from May 1988 to 20.09.1988 and the opinion rendered by the Medical Board that the disability assessed at 15% to 19% was not attributable or aggravated by military service was not accepted by this Court.

3. The facts obtained in the present case is entirely different as noticed hereinabove and as such we find that the judgment and opinion of the Tribunal would not call for interference. Civil Appeal stands dismissed.

4. Pending application(s), if any, shall stand disposed of.

ORDER

Civil Appeal stands dismissed in terms of the signed order placed on the file.

Pending application(s), if any, shall stand disposed of.