UNION OF INDIA AND OTHERS Vs. KALA DEVI

JUDGEMENT

(1.) KALA Devi, on the death of her husband Shri Virender Singh Yadav, Deputy Superintendent of Police of 79 Battalion, C.R.P.F., who was killed by the terrorists, filed a suit for full pension, which was dismissed by the trial court on 7.12.2010, but the first appellate court, vide judgment dated 16.8.2011 accepted the appeal and held the plaintiff/respondent entitled to the family pension equal to last pay drawn by her husband, as per para 4 of the relevant instructions. The family pension was payable to her till her life or unless she remarries. She was also held entitled to consequent arrears as would be admissible to her on fixation of family pension. Aggrieved against the said judgment, the Union of India has preferred the present appeal. It has been urged that Shri Virender Singh Yadav was travelling in a jeep on 18.9.1987 and when he was about 5 kms short of Amritsar, an accident took place whereupon, Shri Virender Singh Yadav, suffered injuries and ultimately he succumbed to the injuries. The driver of the jeep was also injured. Resultantly, an FIR was registered on 18.9.1987. According to the Union of India, it was a case of accident whereas the plaintiff alleged that Shri Virender Singh Yadav was killed by the terrorists. The trial court dismissed the suit. However, the first appellate court reversed the judgment and decreed the suit in the above said terms.

(2.) ARGUMENTS heard. Record perused.

(3.) BENEFIT of family in the event of death of such member of the armed force was to be given as per category 'D' and 'E'.