UNION OF INDIA Vs. MOHANAN MADATHIL KOLIYAT

JUDGEMENT

(1.) The order of the Armed Forces Tribunal, Regional Bench, Kochi allowing disability element of pension to the respondent is under challenge in this writ petition filed by the Union of India.

(2.) Heard Smt. Gayathri Krishnan, the learned Central Government Counsel appearing for the Union of India and Sri. Adi Narayanan, the learned counsel for the respondent.

(3.) The learned Central Government Counsel argued that the opinion of the Release Medical Board would clearly show that the disability due to diagnosis (Mitral Valve Prolapse V-67) is neither attributable to nor aggravated by military service and in the absence of any causal connection between the disease or injury and the military service, the Tribunal is not justified in granting the disability element of pension to the respondent.