PANI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal challenges the judgment and order dated 10th October 2018 passed by the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as "AFT "), vide which the O.A. No. 149 of 2018 filed by the appellant for grant of disability pension came to be dismissed. The appellant also challenges the order dated 31st October 2018 passed in M.A. No. 1839 of 2018 in O.A. No. 149 of 2018, vide which though, the application for leave to appeal was allowed, but the AFT framed a different question of law.

(2.) The facts in brief giving rise to the present appeal are as under:

(3.) As per Regulation No. 520 of the Regulations for the Army, 1987, a Court of Inquiry (hereinafter referred to as "CoI "), was held from 13th November 2009 onwards to investigate into the circumstances under which the appellant had sustained injury. The CoI found that the injury sustained by the appellant was attributable to military service and it was not due to his own negligence. The said finding of CoI was duly approved by the Station Commander ­ Respondent No. 3, on 11th January 2010. On 25th October 2010, a re­categorization Medical Board was held at ALC, which maintained appellant 's disability at 80% and declared it as attributable to military service. Subsequently, on the basis of the opinion of the Invaliding Medical Board (hereinafter referred to as 'IMB '), on 1st January 2012, the appellant was invalided out of service with 80% disability which was attributable to military service.