Smt Mukesh wo Late Hav Veer Singh (Army) vs UOI & Others on 23 July 2026

1. **OA 16/2015**

**Smt Mukesh, wd/o**

**No 14686492Y Late Hav Veer Singh, Resident of Village and Post Khudot, Tehsil Chirawa, District Jhunjhunu, Rajasthan**

**.... Applicant**

**Versus**

1. 1. UOI, through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011

2. 2. The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

3. 3. The OIC Records, Records The EME, PIN 900 453, c/o 56 APO

4. 4. The Commanding Officer, 984 AD Regiment Wksp, PIN 906 984, c/o 56 APO

**.... Respondents**

**For Applicant : None**

**For Respondents : Mr. Pyare Lal, Senior Panel Counsel**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. Under Section 14 of the Armed Forces Tribunal Act/2007, the Applicant has filed this OA with the following prayers:-

1. (a) That the application of the applicant be allowed and the Applicant be granted Special Family Pension and connected benefits wef 27/1/2014 on the demise of her husband on 26/1/2014; तथा जयः

2. (b) The Ordinary Family Pension received by the applicant be adjusted in the scales of Special Family Pension;

3. (c) The Arrears of Special Family Pension be paid alongwith interest @12% per annum; 

(d) The applicant be granted Ex Gratia award of Rs 10 Lac as entitled to NoK of deceased servicemen in vehicle accidents in terms of Govt of India, Ministry of Defence letter dated 04/6/2010; and (e) Any other relief, which the Hon'ble Tribunal thinks just and proper in the matter be also granted to the applicant.

(f) As an interim prayer, the applicant has also prayed for directing the Respondents to supply a copy of Court of Inquiry and related documents with regard to death of husband of the applicant.

2. Vide Reply Statement, the Respondents have submitted that Havildar Veer Singh was enrolled in the Army (Corps of EME) on 25/1/2008. While serving with 984 AD Regt Wksp, he took an Outpass on 26/1/2014 and went to Budbudh Market (Panagarh) where he met with an accident and died. His death was considered as attributable to military service by the duly constituted Court of Inquiry, Annexure R/1. Consequent to death of the individual, the applicant herein, Smt Mukesh, wife of the deceased soldier, was granted all admissible terminal benefits including AGI benefits and one time grant from ACWF of Rs 30,000/-. Claim for grant of Special Family Pension was turned down on the ground that the husband of the applicant died while he was on outpass on 26/1/2014 at 1300 hours for marketing, servicing of his Motorcycle and recharge of his mobile and accordingly granted Ordinary Family Pension to the applicant as the casualty does not entitle her for grant of special family pension, the decision of which was communicated to the applicant with an advice to file First Appeal, if she is not satisfied with the decision, vide Record Office letter dated 15/9/2014. Petition dated 03/12/2014 submitted by the applicant for grant of special family pension which was treated as the First Appeal, which is still pending with the competent authority. However, Legal Notice dated 25/12/2014 praying for grant of special family pension and Ex gratia lumpsum grant was replied to by the Record Office vide letter dated 22/1/2015. Respondents further submitted that the applicant is not eligible for grant of special family pension in terms of Para 213 of Pension Regulations for the Army 1961, Part I, as the death of the husband of the applicant had no casual connection with military service as he was on his personal work and was not on bonafide 

military duty when death occurred. Further, case for grant of Ex Gratia Lumpsum compensation was not processed as the same was not submitted by the unit of the late husband of the applicant.

3. We have heard the counsels for the parties and perused the material on record.

4. It is evident from the record including the copy of Court of Inquiry that had gone into the circumstances under which Hav/Clk (SD) Veer Singh, the husband of the applicant died on 26/1/2014, reflect that the husband of the died when he was on an Outpass on the day and his death was considered as attributable to military service. As per the opinion of the Court of Inquiry, driver of the civil Bus, bearing Registration No WB 41E 1186, is fully to be blamed for the accident that occurred due to his negligent driving at Budbudh Market as the market is crowded and still he did not take precautionary measures and ran away from the accident site. It is thus clear that, although the applicant went to the market on a duly sanctioned outpass for his personal work, he died of an accident caused by a rash and negligently driven civil bus and his death was considered as attributable to military service by the duly constituted Court of Inquiry held under the aegis of Station Commander, Station HQ, Panagarh. Consequent to his demise, while the applicant was granted Ordinary Family Pension and all other admissible terminal benefits, her Appeal for grant of Special Family Pension is pending before the competent authority as stated by the Respondents in their Reply Statement.

5. In view of the foregoing and since husband of the applicant died at the market place for personal work such as shopping, etc while he was on an Outpass and was not performing any military service, we deem it appropriate to remit the case back to the Respondents to re-consider the case of the applicant for grant of Special Family Pension, coupled with the fact that the First Appeal of the Applicant is still pending with them. We expect the competent authority to consider the case of the applicant in its entirety and take a holistic decision with regard to grant of Special Family Pension or otherwise to the applicant within a period of six 

months from the date of receipt of a copy of this Order. The outcome thereof shall be intimated to the applicant.

6. The OA is disposed off accordingly. No order on costs.

7. Pending application, if any, also stands disposed off.

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

The emblem of the Government of India, featuring the Lion Capital of Ashoka, is positioned between the two signatures.

Sd/- XXX

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-

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