Smt Prem Devi wdo Late Rfn Mahipal Singh (Army) vs UOI & Others on 11 August 2025

O R D E R

11.08.2025

MA No 876/2018

1. MA No 876/2018 has been filed by the Applicant for condonation of delay of more than 9 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 768/2018

2. 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 04.01.2008 and the cost of legal expenses.

3. The brief facts as enunciated by the Applicant are that Late Rfn Mahipal Singh, husband of the Applicant was enrolled in the Army on 08.07.2000. Her husband died on 04.01.2006 due to accidental “Carbon Mono-Oxide Poisoning”

while he was detailed at Holcombe Guest House of 14 JAK RIF 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 husband 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 and PCDA (P) Circular No 438 dt 16.07.2010. However, the claim of the Applicant for grant of Ex-Gratia Award has been rejected by the Respondents vide impugned Order dt 07.11.2008. The Applicant issued Legal Notice dt 12.07.2018 for grant of Ex Gratia Award but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.

4. The Respondents have filed a detailed reply to the Application and submitted that Late Rfn Mahipal Singh and L/Nk B Anand were detailed at Holcombe Guest House for the duration of VVIP visit to the Station wef 04.01.2008 to 05.01.2008. On 03.01.2008, both the individuals had taken their dinner early and went to sleep in the room which was earmarked for them at ground floor. On 04.01.2008, at around 0430h, when sentry on duty went to distribute tea in their room and tried to wake them up by shaking, there was no response. They were immediately evacuated to MH, Jotogh where they were declared dead by the duty medical officer. Their bodies were sent to Indira Gandhi Medical College (IGMC), Shimla for postmortem examination and Forensic Science report to ascertain the cause of death and as per the Forensic Science report, death of both the individuals was due to “Carbon Mono-Oxide Poisoning”. In the meantime, a Court of Inquiry was ordered to investigate into the circumstances leading to the death of above personnel which considered the death of both the personnel as Attributable to Military Service. Later, the DGAFMS, ie., the Competent Medical Authority considered the death as Attributable to Military Service vide letter dt 17.07.2008. The case for grant of Special Family Pension and Ex Gratia Award was processed with PCDA (P) who considered the death as Not Attributable to Military Service on the plea that the cause of death due to carbon mono-oxide poisoning while sleeping in room has no causal connection with performance of duty as per Entitlement Rules. The

Appeal against rejection of claim was processed with Competent Authority at IHQ of MoD (Army) who considered the death as Attributable to Military Service vide letter dt 07.12.2009 for the purpose of grant of Special Family Pension. Accordingly, the Applicant has been granted Special Family Pension wef 05.01.2008 till widowhood. With regard to grant of Ex Gratia Award, the Respondents have submitted that as per the provisions of Govt of India letter dt 04.06.2010, Ex Gratia Award is entitled to the Next of Kins of those personnel who die in accidents in course of actual performance of bonafide official duty and there should be causal connection between the occurrence of the death and government service. In the present case, as per findings and opinion of the Court of Inquiry, it has been noticed that the Applicant’s husband died due to “Carbon Mono-Oxide Poisoning” while he was sleeping in his room and was not in the performance of bonafide official duty at the time of death. Therefore, the Applicant is not eligible for grant of Ex Gratia Award.

5. We have heard Learned Counsels for both the parties and perused the material placed on record.

6. It is not in dispute that late Rfn Mahipal Singh was detailed at Holcombe Guest House, Shimla for the duration of VVIP visit from 04.01.2008 to 05.01.2008 and after having early dinner, he went to the room allotted to him for sleeping where he died due to “Carbon Mono-Oxide Poisoning” while sleeping. The duly constituted Court of Inquiry and the Competent Medical Authority at IHQ of MoD (Army) also considered the death as Attributable to Military Service. After considering the death as Attributable to Military Service by the Competent Authority, the Applicant has been granted Special Family Pension.

7. 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”

8. On a careful perusal of Para 3(d) of aforesaid letter dt 04.06.2010, the condition for grant of Ex Gratia Award is that the death should occur while on duty in the specified high altitude, inaccessible border posts, etc on account of natural disasters/extreme weather conditions. In the present case, the Applicant’s husband was detailed for VVIP duties at Holcombe Guest Room in Shimla and while sleeping in his room, he died due to carbon mono-oxide poisoning, thus he was on a bonafide military duty at the time of death and his death was considered as Attributable to Military Service by the Competent Authority. Therefore, the Applicant seems to be eligible for grant of Ex-Gratia Lump Sum Compensation in terms of Para 3(d) of GoI, MoD letter dt 04.06.2010.

Taking into consideration overall facts and circumstances of the case as also the fact that the death of Late Rfn Mahipal Singh was considered as Attributable to Military Service by the Competent Authority 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 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.

10. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

11. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-