Armed Forces Tribunal
Smt Bhanwar Kanwar mo Late Swr Shakti Singh (Army) vs UOI & Others on 11 August 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
17.
OA No 767/2018 with MA Nos 874/2018 and 875/2018
Smt Bhanwar Kanwar, M/o No-15498374K Late Swr Shakti Singh, R/o Vill-Parvatisar, Post-Bhimsar, Tehsil-Suratgarh, Distt-Churu (Rajasthan)
…. Applicant
Versus
1.
Union of India, through its Defence Secretary, Ministry of Defence, New Delhi
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3.
The OIC Records, Armoured Corps Records
PIN-900476, C/o 56 APO
…. Respondents
For Applicant
: Mr SK Balwada, Advocate, proxy for
Mr Akshat Chaudhary, Advocate
For Respondents
: Mr Pyare Lal, Advocate
CORAM
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR SANJIV MITTAL, MEMBER (A)
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O R D E R
11.08.2025
MA No 875/2018
1. MA No 875/2018 has been filed by the Applicant for hearing of the case at Regional Bench at Jaipur. Having considered the reasons and grounds stated in the Application, MA 875/2018 is allowed.
MA No 874/2018
2. MA No 874/2018 has been filed by the Applicant for condonation of delay of more than 10 years in filing the OA. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned.
OA No 767/2018
3. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Ex-Gratia Award of Rs. 10 lakhs along with interest @ 18% per annum wef 10.08.2007 and the cost of legal expenses.
4. The brief facts as enunciated by the Applicant are that Late Swr Shakti Singh, Son of the Applicant was enrolled in the Army on 15.12.2004. While on bonafide military duty, her Son died on 10.08.2007 and his death was considered as Attributable to Military Service and, accordingly, the Applicant has been granted Special Family Pension. The Applicant submits that death of her Son was considered as Attributable to Military, therefore, she is entitled for grant of Ex-Gratia Award in terms of Govt of India, Ministry of Defence letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010. However, the claim of the Applicant for grant of Ex-Gratia Award has been rejected by the Respondents vide impugned Order dt 28.10.2009 on the grounds that similar cases of other units have already been rejected by PCDA (P), Allahabad and, hence, the Applicant is not eligible for grant of Ex-Gratia Award. The Applicant issued Legal Notice dt 20.07.2018 for grant of Ex Gratia Award but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.
5. The Respondents have filed a detailed reply to the Application and submitted that Late Swr Shakti Singh was attached to HQ 55 (I) Mech Brigade for Brigade CSD duties. On 05.08.2007 at around 2030 hours, he went for shopping to Beas Market, Amritsar (Punjab) and while crossing the road, he was hit by a civil car on Jalandhar Amritsar Highway near a STD PCO (Bhullar) in Beas Market. The over speeding car was rashly driven and did not stop there. He was brought in unconscious condition to MH Jalandhar at 2230 hours where he died due to injuries on 10.08.2007. The cause of death was “Cerebral Compression due to Head Injury” sustained in the road accident which was subsequently considered as “Attributable to Military Service” by a duly constituted Court of Inquiry. Accordingly, Special Family Pension was granted to the Applicant. As regards grant of Ex Gratia Award, the Respondents have submitted that as per the provisions of Govt of India, Ministry of Defence letters No 20(1)/98/D (Pay/Services) dt 22.09.1998 and No 20(5)/2009/D (Pay/Services) dt 04.06.2010, the Ex Gratia Award shall be paid to the families of Defence Services personnel who died in the performance of their bonafide military duties. However, in the present case, the death of Late Swr Shakti Singh on 10.08.2007 was due to a road accident with an over speeding and rashly driven civil car while he was crossing the road on the way to Beas Market for shopping, which was not in performance of bonafide military duty and, hence, the Applicant is not eligible for grant of Ex Gratia Award in terms of aforesaid Govt of India, Ministry of Defence letters dt 22.09.1998 and 04.06.2010.
6. We have heard Learned Counsels for both the parties and perused the material placed on record.
7. It is not in dispute that late Swr Shakti Singh was attached to HQ 55 (I) Mech Bde for performance of CSD duties and he had gone to Beas Market for Shopping and died in a road traffic accident while crossing the road and his death was considered as Attributable to Military Service by a duly constituted Court of Inquiry. Accordingly, the Applicant, mother of Late Swr Shakti Singh, has been granted Special Family Pension, the death being considered as Attributable to Military Service.
8. The provisions for grant of Ex-Gratia Lump sum Compensation to the families of the Defence Service Personnel who die in harness are explained in Govt of India, Ministry of Defence letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010, the relevant portion of which reads as under:- “I am directed to refer to this Ministry’s letter No 20(1)/98/D (Pay/Services) dt 22.09.1998 as amended vide letter of even number dated 12th April, 1999, 3rd August, 1999, 19th May, 2000 and 21st October, 2008 on the subject.
2. Vide para 1 of above mentioned letter dated 21st October, 2008, the existing rates of ex-gratia lump sum compensation to the next of kin of the deceased defence personnel have already been revised as follows:- (a) Death occurring due to accidents in course of duties Rs. 10.00 lakhs (b) Death in the course of duties attributable to acts of violence by terrorists, etc Rs. 10.00 lakhs
(c) Death occurring during enemy action in war or border skirmishes or in action against militants, terrorists, etc Rs. 15.00 lakhs (d) Death occurring during enemy action in International war or war like engagements specifically notified Rs. 20.00 lakhs
3. A new clause (d) shall be added to para 1 of aforesaid letter dated 21st October, 2009 as follows and existing (d) may be renumbered as under:- (d) Death occurring while on duty in the specified high altitude, inaccessible border posts, etc on account of natural disasters, extreme weather conditions Rs. 15.00 lakhs
4 to 7. xxxxx”
9. On a careful perusal of Para 2(a) of aforesaid letter dt 04.06.2010, the condition for grant of Ex Gratia Award is that the death should occur due to accidents in course of duties. In the present case, the Applicant’s Son died in a road traffic accident while he was crossing the road for shopping and, thus, was on a bonafide military duty based on which, the Applicant has already been granted Special Family Pension. Therefore, the Applicant seems to be eligible for grant of Ex-Gratia Lump Sum Compensation in terms of Para 2(a) of GoI, MoD letter dt 04.06.2010.
10. Taking into consideration overall facts and circumstances of the case as also the fact that the death of Late Swr Shakti Singh was considered as Attributable to Military Service based on which the Applicant has been granted Special Family Pension, we direct the Respondents to reconsider the case of the Applicant for grant of Ex Gratia Award afresh in the light of Para 2 (a) of Govt of India, Ministry of Defence letter dt 04.06.2010 within a period of six months from the date of receipt of a certified copy of this Order. Outcome of the case shall be intimated to the Applicant.
11. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
12. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-