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Union Of India vs Ex Mwo (Hfo) Pratap Singh No.25853 on 26 May, 2016

Bench: Prafulla C. Pant, D.Y. Chandrachud

                                                             1

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                           CIVIL APPEAL NO.1360 OF 2009


                         UNION OF INDIA & ORS.                                       ...APPELLANT(s)

                                                           VERSUS

                         EX MWO (HFO) PARTAP SINGH NO.258530                         ...RESPONDENT(s)



                                                        O R D E R

This appeal is directed against the order dated 16.08.2007 passed by the High Court of Punjab and Haryana at Chandigarh whereby Regular Second Appeal No.463 of 2007 was dismissed.

Brief facts of the case are that the respondent was recruited as a member of Indian Air force on 22.04.1963. After a period of more than 37 years, he got retired on 31.10.2000. He was granted service pension under the Air Force Rules of 1969. The claim of the plaintiff – respondent relates to disability pension on which all the three forums below accepted his case. The case of the respondent was that while he was going to his barrack during the period of his service, he fell into a pit and suffered injury on his knee. Later, his left leg was amputated and he suffered disability to Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2016.05.30 the extent of 80%.

Reason: On the other hand, the case of the appellants – defendants is that the authorities below have erred in  2 law in accepting the evidence against the opinion of the Medical Board as to whether the injury suffered by the plaintiff-respondent was attributable to active service or not.

Learned counsel for the appellants fairly conceded that the issue is squarely covered by a decision of this Court in Dharamvir Vs. Union of India [(2013) 7 SCC 316] wherein this Court has held that if Medical Board opines that disease suffered by the subject of Military Service was not attributable to service, it must give reasons for such opinion.

No reasons have been given by the Medical Board in its report dated 02.02.2000 which is part of Annexure P-I. In view of the above facts and the law laid down in the case of Dharamvir (supra), we find no force in this appeal which is liable to be dismissed. Accordingly, the appeal is dismissed. However, there shall be no order as to costs.

.............................J. (PRAFULLA C. PANT) .............................J. (DR. D.Y. CHANDRACHUD) NEW DELHI MAY 26, 2016  3 ITEM NO.109 COURT NO.2 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).1360/2009 UNION OF INDIA & ORS. Appellant(s) VERSUS EX MWO (HFO) PARTAP SINGH NO.258530 Respondent(s) Date : 26/05/2016 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE DR. JUSTICE D.Y. CHANDRACHUD [VACATION BENCH] For Appellant(s) Mr. S.N. Terdal, Adv.

Mr. Surender Kumar Gupta, Adv. Mrs. Savitri Terdal, Adv. Ms. Bhakti Pasrija, adv.

Ms. Manita Varma, Adv.

Mr. B. Krishna Prasad, AOR For Respondent(s) Mr. Shivaji M. Jadhav,Adv.(NP) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.

          (SANJAY KUMAR-I)                     (JASWINDER KAUR)
             AR-CUM-PS                           COURT MASTER

[Signed order is placed on the file]