New Delhi, Aug 24 : The Delhi High Court has ruled that an Army man cannot claim disability pension for an injury resulting from an activity not connected with military service.
A Special Bench comprising Justices Vikramjit Sen, Sanjeev Khanna and S L Bhayana passed the verdict following a difference of opinion between the judges in a Division Bench.
While referring to a Supreme Court ruling the Special Bench observed, "Injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension."
"This is so regardless of whether the injury or death has occurred at the place of posting or during the working hours," the Bench added.
The Court dismissed a plea of ex Naik Dilbagh for disability pension in addition to family pension.
Dilbagh, in a petition, claimed for the disability pension after he had received a head injury in a road accident on Delhi-Panipat road while going to a school for the admission of his child on December 25, 1993.
Dilbagh was on a casual leave from December 12 to 29, 1993 at the time of the accident.