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The Punjab and Haryana High Court has expanded the definition of accidental death, and discharge of bona fide duty, in case of Army personnel. It now includes illness due to prevailing climatic conditions.
The significant ruling by Justice Permod Kohli came on a petition filed by Santosh Kumari. She was informed about the death of her husband Havildar Subhash Chander, while he was posted at the Line of Actual Control in Jammu and Kashmir. She was told that her husband died on November 2, 2005, during the “Karma Operation” in the Gorez sector in Kashmir; and was a martyr. But her subsequent request for being treated as a martyr’s widow was rejected on April 18, 2006.
During the course of hearing, the court was informed that Subhash Chander’s post-mortem examination had revealed he had died due to heart attack. It was also admitted that he was declared a martyr due to wrong information.
Justice Kohli asserted: “He was performing a bona fide official duty and died in harness while performing such duty. It is also admitted position that he died due to severe cold in the area. Such a situation cannot be divorced from performance of bona fide duty". “It is not necessary that he should die by bullet of the enemy or on account of any injury or other factor". Another aspect of the matter, which cannot be ignored, is that the Government of India instructions even provide for the payment of compensation where death directly occurs due to accident in the course of performance of duty.
“The accident does not mean only vehicular accident, but has a wider connotation. It can be any kind of accident. The petitioner’s husband suffered on account of severe cold, while discharging duty, and thus his case falls within the purview of the government instructions dated September 30, 1999,” the court said.
Disposing of the petition, Justice Kohli directed the Union of India and other respondents to pay the petitioner ex gratia compensation within three months.
(SOURCE - THE TRIBUNE)
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THIS CLIPPING IS FROM HINDUSTAN TIMES.
The judgement is really a eyeopener to the Govt. They should stop silly interpretation of Notifications and Instructions and give what ever is entitiled to ex-servicemen
ReplyDeleteGood post