Supreme Court Denies Disability Pension for Ex-Army Personnel's Stroke Due to Smoking Habit
The Supreme Court has rejected an appeal by a former Army member seeking a disability pension for an ischemic stroke, determining that the condition was due to lifestyle choices rather than military service.
A Bench of Justices Aravind Kumar and PB Varale reaffirmed the previous decision by the Armed Forces Tribunal (AFT) in the case of Sarvesh Kumar vs Union of India. The tribunal had dismissed the petition on the basis that the illness was neither caused nor worsened by the individual's service conditions.
The appellant experienced a stroke identified as “Stroke Ischemic RT MCA Territory” and argued that the disability should be covered under Army pension benefits. However, the Supreme Court reviewed the First Medical Report and the assessments of the Medical Board and Medical Review Board, which noted that the former soldier had a persistent habit of smoking about 10 bidis per day.
Citing Regulation 173 of the Pension Regulations for the Army, 1961, and the Guide to Medical Officers, 2002, the Court stated that disability pensions are not applicable to conditions resulting from personal lifestyle choices, such as tobacco use. The judges emphasized that smoking is a recognized risk factor for ischemic strokes, which occur when blood flow to the brain is obstructed.
The medical boards consistently concluded that the appellant's ongoing smoking habit was a significant contributing factor and found no evidence linking the stroke to his military service. Accepting these conclusions, the Supreme Court refused to overturn the tribunal's decision.
This ruling highlights the necessity for a clear and direct relationship between a medical condition and military service in disability pension claims. It also underscores that conditions resulting from personal habits do not qualify for compensation under the current Army pension regulations.
