Armed Forces Tribunal

Armed Forces Tribunal, Lucknow Bench: The Bench comprising of S.V.S Rathore J. and Air Marshal BBP Sinha, Member dismissed an original application filed under Section 14 of the Armed Forces Tribunal, 2007.

In the present application, the applicant was enrolled in the Army Medical Corps and was invalidated from service after a span of 3 months and 16 days of his joining on account of being diagnosed with a disability as ‘Complex Partial Seizure’ as detected by the medical board. The applicant claimed compensation for the same but was denied on the grounds that the disability was neither attributable to nor aggravated by military service and it was constitutional in nature.

The applicant claims to have been admitted in the Indian Army in a physically fit condition and states that the disability occurred during the army service, therefore, he is entitled to disability pension.

Further, on due consideration of the facts and circumstances of the case, it was observed that ‘Seizure’ is a disease that cannot be detected at the time of enrolment. Therefore, going by the medical opinion that ‘the disease is constitutional in nature and is neither attributable to nor aggravated by military service’, is correct which eventually leads to the dismissal of the Original Application. [Raj Kumar Singh v. Union of India,  2018 SCC OnLine AFT 3885, dated 17-05-2018]

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