Ruling that brain haemorrhage suffered while on duty is attributable to military service, the Armed Forces Tribunal has held that the death of a soldier cannot be attributed solely to alcohol consumption but other factors like posting to high-altitude area must also be considered.

Granting special family pension to the widow of an airman, the Tribunal observed that the airman, Corporal Jaswindra Singh, had been sent on duty to a high-altitude area despite being ill.

His request for exemption to be sent to Kurseong on medical grounds was declined by the Air Force authorities. There he was admitted to hospital as his condition worsened and ultimately his died from intra-cranial haemorrhage.

Special-family pension was denied to his widow on grounds that the death was not attributable to military service. Her appeals before the pensionary authorities also did not yield any results. The Air Force also contended that he had been a regular alcohol consumer for the past six years.

“We make it clear that the death of the petitioner’s husband was not definitely due to regular alcohol for the last six years. There could be other factors like high altitude, the fact that he had travelled to Kurseong from Purnia, etc. This vital aspect of the matter has not been considered by the competent authority while negating the claim of the petitioner for grant of special family pension,” the Tribunal’s Bench of Justice Suresh Kumar Gupta and Maj Gen Sanjay Singh said.

“It is abundantly clear that the petitioner’s husband has passed away in performance of the bonafide official duty and as such the action of the respondents in declining the claim of the applicant for grant of special family pension is faulty,” the Bench ruled.

The Bench also observed that Kurseong is at a higher altitude than Purnia, where the airman was originally based, and that is why his medical condition worsened. “While Kurseong station does not come under the category of high altitude, that is 9,000 feet above sea level or more, it is certainly higher than Purnia and there would have logically been some efforts at making the tour,” the Bench said.