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Union of India - Section

Section 104 in The Navy (Pension) Regulations, 1964

104. Refusal to undergo medical treatment.

- If a sailor suffering from a disability accepted as attributable to or aggravated by service refuses to undergo an operation, or other medical treatment, which in the opinion of the service medical authority, would cure the disability or reduce the degree of disablement, his case shall be dealt with as follows :
(a)If the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible may be granted,
(b)[ If the refusal to undergo treatment or an operation is unreasonable.] [Substitued by S.R.O. 309, dated 5th September, 1974]
(i) If the pensionsanctioning authority, in consultation with the Medical Advisor(Pension) where necessary decides that an operation or medicaltreatment will cure the disability. The disabilitypension shall be withheld but the normal service pension orgratuity, if any, admissible under these regulations, or thepension or gratuity, if any admissible under regulation 110 maybegranted, and the disability element or pension shall berestricted to that appropriate to the lower percentage ofdisablement.
(ii) If thepension sanctioning authority, in consultation with the (MedicalAdvisor Pension), where necessary, decides that an operation ormedical treatment will reduce the disability to a lowerpercentage. If that lowerpercentage is less than twenty per cent, the normal, servicepension or gratuity, if any, admissible under these regulations,or the pension or gratuity, if any, admissible under regulation110 may be granted.
Explanation. - The question whether a refusal to undergo medical treatment or an operation is reasonable or unreasonable shall be decided in accordance with the rules contained in Appendix VII to these regulations.