Section 109 in The Navy (Pension) Regulations, 1964
109. [ Period of grant of disability pension when the invaliding disability is incapable of improvement. [Substitued by S.R.O. 309, dated 5th September, 1974]
(1)If the disability is accepted as attributable to or aggravated by naval service and is certified on the basis of an invaliding or a re-survey medical board to be incapable of improvement disability pension may be granted for a period of ten years in the first instance. During this period, the pensioner will have a right to claim reassessment of his pension on the basis of aggravation, if any. Where pension is modified as a result of re-assessment, the pension may again be granted for a period of ten years from the date of the revised award, provided the disability is still regarded as incapable of improvement. Each successive assessment at higher or lower rate will be for a period of ten years during which the pensioner will be given one opportunity to have his pension re-assessed on the basis of further aggravation.(2)When the percentage of disablement has remained unmodified for a period of ten years, the pensioner shall be brought before a resurvey medial board and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvement his pension may be sanctioned for life. Thereafter no review of pension will be admissible.(3)In cases where the invaliding disability is loss of limbs(s) total loss of sight, loss of one eye, amputation, etc. and when the question of improvement/ worsening of its physical condition does not arise, the award shall be sanctioned for life.][109-A. Period of grant of disability pension when disablity in capable of improvement. [Substitued by S.R.O. 309, dated 5th September, 1974](1)If the disability is accepted as attributable to naval service but regarded as capable of improvement, an award may normally be made for a periof of three years from the date from which a disability pension is admissible or in a case where a disability pension was in issue for a specific period, from the date of expiry of the previous award :Provided that in cases where the duration of the disability at the accepted degree of disablement is considered to be less than three years, the period of an award calculated with reference to the date of the last medical board shall not exceed the period of duration of the disability at that degree.(2)An award may, however, be made in any individual case for such longer or shorter period as may be prescribed by the Central Government either generally or in respect of a particular disability.(3)If the disability is accepted as aggravated by naval service, the duration of an award shall be determined with due regard to the relevant provisions in the Rules laid down in Appendix 'V' of these regulations.]
