In The High Court Of Judicature At Allahabad Sitting At Lucknow Neutral Citation No. - 2025:AHC-LKO:11411-DB Court No. - 1 Case :- WRIT - A No. - 2162 of 2025 Petitioner :- Kedar Singh (Army No 3185459y Ex Hav) Respondent :- Union Of India Thru. Secy. Govt. Of India Ministry Of Defenc,New Delhi And 3 Others Counsel for Petitioner :- Ashok Singh Counsel for Respondent :- A.S.G.I. Hon’ble Attau Rahman Masoodi,J. Hon’ble Subhash Vidyarthi,J. 1. Heard learned counsel for the parties. 2. This writ petition is directed against the judgment and order dated 16.12.2022 passed by the Armed Forces Tribunal, Regional Bench, Lucknow dismissing the O.A No.747 of 2022, filed by the petitioner. The original application was filed challenging the rejection of the petitioner’s claim for payment of disability pension, which order was affirmed in appeal and in second appeal. 3. The petitioner was enrolled in Indian Army on 28.12.1991. While he was on leave, the petitioner met with an accident on 21.11.2011 during the leave period while riding a Motorcycle and he suffered injuries. A Court of inquiry was held to enquire about the circumstances under which the petitioner had sustained injuries. It was found that no one was to be blamed for the accident and the petitioner had lost control of his own motorcycle. He got treatment in military hospital and thereafter his medical category was downgraded to ‘Low Medical Category A2 (Permanent)’. The petitioner was discharged from service on 13.01.2013 having fallen in Low Medical Category p. 1 A2 (permanent). He was held entitled to receive pension but his claim for disability pension was rejected by a Medical Board on the ground that his disability was neither attributable to nor aggravated by military service. The rejection was affirmed in appeal and second appeal also. 4. Relying on the decisions of the Hon’ble Apex court in the case of the Secretary, Govt. of India & Ors. vs. Dharamveer Singh, Madan Singh Shekhawat vs. Union of India & Ors. (1999) 6 SCC 459, Jagtar Singh vs. Union of India and Ors., the Armed Forces Tribunal held that the petitioner had met with an accident while returning from Bhartpur to his village Ghunsara on a motorcycle while he was on casual leave. The activity in which he sustained injuries, was not connected to the military duties in any manner, therefore, he was not entitled to disability pension. 5. In Union of India v. Dharambir Singh: (2020) 14 SCC 582, the Hon’ble Supreme Court was considering the following questions: - “10.1. (i) Whether, when armed forces personnel proceeds on casual leave, annual leave or leave of any other kind, he is to be treated on duty? 10.2. (ii) Whether the injury or death caused even if, the armed forces personnel is on duty, has to have some causal connection with military service so as to hold that such injury or death is either attributable to or aggravated by military service? 10.3. (iii) What is the effect and purpose of COI into an injury suffered by armed forces personnel?” The Hon’ble Supreme Court answered Question Nos. 1, 2 and 3 in paragraphs 4, 20 and 23 of the judgment, which are being reproduced below: - “4. Thus, it is held that when Armed Forces personnel is availing casual leave or annual leave, is to be treated on duty. * * * 20. In view of Regulation 423 clauses (a), (b) and (d), there has to be causal connection between the injury or death caused by the military service. The determining factor is a causal connection between the accident and the military duties. The injury or death must be connected with military service howsoever remote it may be. The injury or death must be p. 2 intervention of armed service and not an accident which could be attributed to risk common to human beings. When a person is going on a scooter to purchase household articles, such activity, even remotely has no causal connection with the military service. * * * 23. The purpose of investigation by the COI is to examine nature of injuries whether such injuries were suffered on or off duty. However, Para 520 is not to the effect that the opinion of the Brigade Commander is final on the basis of which the grant of disability pension is dependent. The percentage of disability as well as whether the disability is attributed to or aggravated by military service has to be assessed by the Medical Board. The purpose of COI is to examine the conduct of the personnel of the Armed Forces, whereas, the Medical Board examines, the causal connection with the injury with the military services and also the extent of disability. Thus, the COI and the opinion of the Medical Board both have different objects and purposes to achieve.” 6. In view of the aforesaid answers given by the Hon’ble Supreme Court in Dharambir (Supra) the injury suffered by the petitioner while he was on leave and was in his hometown and while he met with an accident when riding his motorcycle, cannot be said to be even remotely connected with the military service. 7. The tribunal has not committed any error in rejecting the Original Application filed by the petitioner challenging the rejection of his claim for grant of disability pension. The Writ Petition lacks merits and the same is dismissed at the admission stage. (Subhash Vidyarthi J.) (A. R. Masoodi J.) Order Date: 21.02.2025 Shahnaz p. 3 Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench