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