The Supreme Court recently dismissed a former Army personnel’s plea seeking disability pension, observing that his brain stroke was caused by smoking bids and not his military service [Sarvesh Kumar vs Union of India].A Bench of Justices Aravind Kumar and PB Varale held that compensation cannot be granted when disability arises from matters within the individual’s own control. The Court was hearing an appeal against the Armed Forces Tribunal (AFT)'s decision to reject the Army man's plea for disability pension.The apex court noted that the tribunal had correctly relied on the Pension Regulations for the Army and the Guide to Medical Officers to deny the claim."We find that Tribunal has taken note of Regulation 173 of Pension Regulations for the Army, 1961 and paragraph 6 of the Guide to Medical Officers, 2002 which would indicate that 'compensation cannot be awarded for any disablement or death arising from intemperance in the use of alcohol, ‘tobacco’ or drugs or sexually transmitted disease, as these are the matters within the member’s own control'," the Court said..The appellant, Sarvesh Kumar, had suffered a brain stroke and sought disability pension on the ground that the condition was attributable to military service or had been aggravated by service conditions.However, the AFT rejected his plea. Aggrieved by the decision, he approached the Supreme Court..The top court examined the first medical report and the opinions of the medical board and the medical review board, which recorded that he was in the habit of smoking ten bidis per day.“In the instant case having perused the First Medical Report and the opinion of the Medical Board, it would leave no manner of doubt in us that the disease of “Stroke Ischemic RT MCA TERRITORY” was not attributable to service nor aggravated on account of service and we say so for the simple reason that in both the reports, it was clearly indicated that the appellant was in the habit of smoking bidis that too ten bidis per day," the Court said..The Court noted that as per the medical science, an ischemic stroke occurs when a blood clot or fatty plaque blocks an artery supplying blood to the brain. It added that smoking is a recognized risk factor."In the instant case, the Medical Review Board has clearly opined that on account of continuous smoking, the disease of “Stroke Ischemic RT MCA TERRITORY” attributable to the appellant could have occasioned and as such Medical Board has concluded that it is neither attributable to service nor aggravated due to service conditions," it further said.Thus, the Court found no reason to interfere with the AFT's decision and dismissed the appeal..Advocates Kaushal Yadav, Nandlal Kumar Mishra, Onkar Nath Sharma, Ritul Tandon, Naina Garg and Priyanka appeared for the appellant.Additional Solicitor General Satya Darshi Sanjay with advocates Shubh Sharma, Shubham P. Mishra, Khushal Kolwar, Nikita Sethi, Divyam Aggarwal, Mukesh Kumar Maroria, Satya Jha, Sudhakar Kulwant, Praneet Pranav, Raman Yadav and Rekha Pandey appeared for the respondents..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
