UNION OF INDIA Vs. EX. NAIK RAM SINGH

JUDGEMENT

(1.) The appellants, Union of India and three others, have taken an exception to the judgment and order dtd. 23/12/2010 of the Armed Forces Tribunal, Chandigarh Bench at Chandimandir (for short, 'the Tribunal').

(2.) By the impugned judgment and order, the appellants were directed to release the disability pension quantified at 80% disability for life to the respondent from the date of his discharge from military service. The appellants were directed to pay arrears of disability pension restricted to a period of three years immediately preceding filing of the application by the respondent before the Tribunal. Interest @10% per annum was granted on the arrears.

(3.) The respondent was enrolled in the Army on 4/6/1965. After rendering colour service for 10 years and 88 days, he was transferred to reserved establishment on 30/8/1975. During his reserve period, he voluntarily got himself enrolled in Defence Security Corps on 7/1/1976. On 6/11/1999, the respondent was granted annual leave. He proceeded to Kishanpura on the same day. While on leave, on 8/11/1999, he suffered an accident. While crossing the road, he was hit by a speedy scooter. As a result of the accident, he sustained head injury and became unconscious. The Medical Board assessed the percentage of the disability of the respondent at 80%. The Medical Board placed the respondent in low medical category (EEE). On that ground, he was invalidated out of service from 28/9/2000.