MoD, Indian Army told to pay pension to paralysed man

Chennai: The Regional Bench of Armed Forces Tribunal, Chennai, has directed defence ministry and Indian Army to pay disability pension to an invalidated gunner who remained paralysed after sustaining a head injury.

In the petition, Narasaiah Kommula 35, Mundiapadu village, Prakasam district, Andhra Pradesh, submitted that he was enrolled in the Indian Army on January 16, 2001, and served as gunner at 63 AR Battalion.

While he was serving at 63 AR Battalion, he availed casual leave for 20 days from September 10, to 29, 2007. While he was on leave, he met with an accident on September 11, 2007, and undergone treatment in various hospitals including the military hospital, Pune.

On November 30, 2008, the Invaliding Medical Board assessed that he was affected by “severe traumatic brain injury (Diffuse Axonal injury)”, and the degree of disability was assessed to be 100 percent for life.

He was also affected by “heterotopic ossification (LT) limb”, and the degree of disability was assessed to be 40 per cent for life. Both were attributable to military service.

However, an Adjudication Board had decided that the disability suffered by him was not attributable to military service since he sustained injuries during a leave.
Hence, the disability pension was not granted. His appeals were rejected. He filed the petition before the Regional Bench, Armed Forces Tribunal, Chennai for a direction to the Defence Ministry, Chief of Army Staff and other authorities to grant disability pension.

In its reply, authorities stated that Narasaiah Kommula met with an accident at his native place and sustained severe head injury. Hence, there is no connection between the injury and the military service.Therefore, the application was liable to be dismissed, the authorities stated.

Directing the authorities to grant him invalid pension the bench comprising Judicial Member Justice Babu Mathew P. Joseph and Administrative Member Lt Gen K. Surendra Nath directed the Central Government to revisit Pension Regulations for the Army, 2008 so as to entitle all soldiers who are invalided out of service with 100 percent disability, but not attributable to/aggravated by service, to minimum invalid pension even when they have less than 10 years of service at the time of invaliding.

This would have a salutary effect on the morale of soldiers as well their families/dependents of dependents in such unfortunate circumstances, the bench said.