Chennai: The Regional Bench of Armed Forces Tribunal, Chennai, directed the ministry of defence, Chief of Army Staff, Army headquarters, New Delhi, to pay ex gratia of Rs 3 lakh to a 50-year old former soldier paralysed following injuries he sustained in a war oriented operation 30 years ago.
In the petition, S. Udayappan, 50, Soothani village, Ramanathapuram district, submitted that he was enrolled in the Indian Army as an infantry soldier in 1983 and participated in a war oriented operation in the western sector. On March 26, 1987, he was assigned to unload some equipment from a military vehicle. While doing so he sustained a serious injury on his spine. As result he was paralysed from waist downwards and confined to a wheelchair for life. He was unmarried and 21 years of age at the time of sustaining the injury.
The Invaliding Medical Board assessed his disability at 100 per cent for life and he was invalided from service in 1989. As his parents and relatives were unable to look after him due to their financial condition, he was compelled to be under the care of the Paraplegic Rehabilitation Centre, Kirkee near Pune from March 1990 onwards. He said that the pension he got was not sufficient to pay his medical expenses, maintenance charges for the automated motorised wheel chair and dietary supplements. Hence, he sought a direction to the Ministry of Defence, Chief of Army Staff, Army headquarters, New Delhi to pay him “war injury pension”.
In its reply, the ministry of defence stated that his case was referred to the competent authority to get it categorized as ‘Battle Casualty’, with which he could be eligible for related benefits. As the Army headquarter had not categorized the injury as ‘battle casualty,’ it was treated as physical casualty attributable to military service. Hence, he was granted disability pension.
The bench comprising judicial member Justice Babu Mathew P. Joseph and administrative member Lt Gen K. Surendra Nath said that they felt it necessary to direct the authorities to grant him a lump sum ex gratia of Rs 3 lakh in four months.
