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'Self-Inflicted' Stroke from Bidis Costs Ex-Armyman Disability Pension: Supreme Court
In a stark ruling emphasizing personal responsibility, the has dismissed an appeal by former Army personnel Sarevesh Kumar seeking disability pension for an ischemic stroke, attributing it squarely to his habit of smoking 10 bidis daily. Justices Aravind Kumar and Prasanna B. Varale upheld the 's decision, invoking Army pension rules that bar compensation for tobacco-related disabilities.
Citation:
From Battlefield to Boardroom: The Stroke That Sparked the Battle
Sarevesh Kumar, the appellant, suffered a
"Stroke Ischemic RT MCA Territory"
– a blockage in the right middle cerebral artery restricting blood flow to the brain. He approached the Tribunal claiming the condition was
, seeking disability compensation under the
.
Medical reports painted a different picture: both the initial examination and the Medical Review Board's opinion highlighted Kumar's daily consumption of 10 bidis. Risk factors like smoking were explicitly linked to atherosclerosis, the fatty plaque buildup causing such strokes. The Tribunal sided with the and other respondents, denying the claim. Kumar escalated to the Supreme Court via Civil Appeal No. 773/2024, heard on .
Appellant's Plea: Service Connection Over Smoking
Kumar's counsel, led by , argued the stroke warranted pension benefits, relying heavily on Bijender Singh v. (Civil Appeals Nos. 4458-4459/2024). In that case, the Court had rejected a Medical Board's view that a 15-19% disability from high-altitude Siachen Glacier duty was unrelated to service. They urged the bench to similarly discount the board's findings here, implying service stresses could have contributed despite the smoking habit.
Union's Firm Stand: Medical Science Trumps Service Claims
Represented by , the respondents countered with and paragraph 6 of the
. These explicitly exclude compensation for disablements from
"
,"
deeming them matters of personal control.
The Medical Board's conclusion was unequivocal: continuous smoking occasioned the stroke, listing hypertension, diabetes, high cholesterol, obesity, atrial fibrillation – and prominently, smoking – as culprits. No evidence tied it to service conditions.
Decoding the Verdict: Tobacco as the Culprit, Not Duty
The bench meticulously distinguished
Bijender Singh
, noting its unique high-altitude context absent here.
"The facts obtained in the present case is entirely different,"
they observed, affirming the Tribunal's reliance on unassailable medical evidence.
Drawing from established medical law, the Court explained: ischemic strokes stem from clots or plaques blocking brain arteries, with smoking a prime risk factor accelerating atherosclerosis. This aligned perfectly with Kumar's documented habit, rendering the disability neither .
As reported by LiveLaw, the ruling reinforces that personal vices like tobacco use cannot be masked as service injuries.
Key Observations
“compensation cannot be awarded for any disablement or death arising from or sexually transmitted disease, as these are the matters within the member’s own control.”
"...the appellant was in the habit of smoking bidis that too ten bidis per day and it is that an ischemic stroke occurs when a blood clot or fatty plaque (atherosclerosis) blocks an artery leading to brain..."
"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..."
No Pension, Clear Message: Appeal Dismissed
"Civil Appeal stands dismissed."
Pending applications were also disposed of. This decision signals a tighter scrutiny for disability claims in the armed forces, prioritizing objective medical causation over broad service-link assertions. Veterans with lifestyle-related ailments may face uphill battles, underscoring the regulations' intent to reserve pensions for true service sacrifices.
