Smt Ram Kanya wo late Sigmn Narendra Kumar Army vs UOI Others on 14 August 2025

**O R D E R**

**14/08/2025**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Special Family Pension in favour of the applicant. She has also prayed for grant of death benefits including Army Group Insurance Fund amount in her favour. As an interim prayer, she has prayed that during the pendency of the OA, payment of all the outstanding amounts in respect of AFPP Fund, Arrears and Pay and Allowances, ACWF and AGI Maturity/Insurance fund benefits alongwith Family Pension may be stayed.

2. Brief facts of the case as enunciated by the applicant are that the son of the applicant was enrolled in the Army on 26/12/2007 and died on 12/7/2013 due to the injury sustained by him in a road accident while he was proceeding on transfer. Vide letter dated 16/7/2013, Respondents have informed the applicant as she was shown as the NoK and the name of alleged Respondent wife and her son were not reflected. However, upon verification done by the concerned District Soldier Welfare Board, Kota, it was revealed that her deceased son was married prior to his enrolment in the Army and her deceased son had a strained relationship with the Respondent No 5. Based on the marriage declaration etc submitted by the Respondent No 5 it was revealed that she was got married with the son of the applicant on 29/5/2008. The applicant submits that since she is the NoK of her deceased son, she is eligible for grant of all the death benefits.

3. Vide Reply Statement, the Respondents have submitted that Signalman Narendra Kumar, son of the applicant herein, was enrolled in the Army on 26/12/2007 and died on 12/7/2013. He had rendered five years and 198 days of service at the time of his demise. Son of the applicant died at Maharao Bhimsingh Asptal, Kota, in a motor accident, while he was on 17 days Part of Annual Leave –cum-posting wef 09/7/2013 from 58 RR Bn to 10 Corps Signal Regiment (AREN). As per record held with the Record Office, Smt Ramkanya, mother of the applicant – the applicant herein – was the NoK of the deceased soldier and consequent upon his demise, required documents for completion of family pension were asked from her vide Record Office letter dated 19/8/2013. However, a petition was received from Smt Lalita, claiming to be the wife of the deceased soldier through the Zila Sainik Welfare Office, Kota, vide their letter dated 21/8/2013. On further verification, it has surfaced that the deceased soldier was married to Smt Lalita and a son, viz, Prince, was born out of this wedlock. But the casualty regarding marriage and birth of the son, were not published by the deceased soldier till his death. Zila Sainik Welfare Officer has also requested the Record Office to divide the Family Pension between the widow and the applicant. Death of son of the applicant was considered as neither attributable to nor aggravated by military service and, hence, the widow of the deceased soldier is entitled for grant of Ordinary Family Pension and as per policy in vogue, the same cannot be divided between the applicant and the widow. Respondents have further submitted that the requisite documents for publication of marriage Part II Order have already been asked from Smt Lalita.

4. Army Group Insurance Fund has also filed their Reply Statement and has stated that as far as payment of insurance death benefits is concerned, after marriage, in case the individual has not made nomination in the name of his wife, his earlier nomination automatically becomes null and void when the individual gets married and the widow automatically becomes the nominee to receive death benefits. As such, the widow of the deceased is entitled to receive insurance death benefits in the event of death of her husband. Since there is a dispute between the Legal Heirs of the deceased soldier, 100% insurance death benefit is help up and the same will be released immediately on finalisation of adjudication on the matter.

5. During the course of hearing, Counsel for the Respondent No 4, ie, Director Army Group Insurance Fund has submitted that as per policy in vogue, the insurance death benefits can be divided between the applicant and the widow of the deceased soldier in the ratio of 25:75. He also prayed for disposing off the OA with a direction to AGIF to release the death benefits in the ratio of 25:75 to be paid to the applicant and the widow of the deceased soldier to close this long outstanding matter.


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

7. It is a fact that the son of the Applicant died on 12/7/2013 in a tragic road accident while he was on leave cum-posting to his new unit. His death was considered as neither attributable to nor aggravated by military service, since there was no causal connection between his death and service factors due to his not performing any military duty at the time of his death. Therefore, as per extant rules and regulations his widow, Smt. Lalita, is entitled to receive all the death benefits including Family Pension, after due verification of her credentials. Respondents have also stated that steps have already been taken to grant the widow her dues and we are hopeful that the widow will be granted all the benefits in a time bound manner, not exceeding six months from the date of this Order, if not granted earlier.

8. In view of the foregoing, we deem it appropriate to dispose off this OA with a direction to the Army Group Insurance Group Fund to pay the Insurance Death benefits to the applicant and Smt. Lalita, widow of the deceased Signalman Narendra Kumar, after due verification at their end in the ratio of 25:75 within a period of six months from the date of receipt of a copy of this Order, failing which, interest @6% shall accrue on the whole amount to both the parties till the actual date of its payment. Prayer of the applicant for grant of Special Family Pension and other benefits have no merit and is rejected.


यता न्यायः तदा जयः

OA 293/2013 Smt Ramkanya, M/o Late Sigmn Narendra Kumar

- 9. The OA is disposed off accordingly. No order on costs.

- 10. Pending application, if any, also stands disposed off.

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