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Gunshot injuries during firing competition cannot be classified as war injury: Armed Forces Tribunal

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Gunshot injuries sustained accidentally on the firing range during competitive events cannot be termed as ‘war injury’ and hence cannot be extended the same disability benefits as applicable to casualties during war or war-like situations, the Armed Forces Tribunal (AFT) has ruled.In May 1994, a soldier had suffered gunshot wounds in his leg and chest while participating in a small arms competition organised by the Army. The accident occurred due to the negligence of his fellow soldier and he was evacuated to a military hospital for treatment.The injury report and court of inquiry declared the wounds as attributable to military service, and he was downgraded to low medical category (LMC). His disabilities were assessed at 50 per cent for life.His service, however, remained continuous and during that period he developed additional disabilities of bronchial asthma and aspergilloma of the lung, which were attributable to stress and strain of military service. He was discharged from service in 2008 with composite disabilities assessed at 80 per cent and accordingly granted disability pension.In 2018, he contended that he was entitled to war injury pension since the injury had taken place in war-like conditions. War injury pension is significantly higher than disability pension.He claimed that his injury fell under Category-E of a letter issued by the Ministry of Defence in 2001, which listed death or injuries during battle inoculation training exercises or demonstration with live ammunition to be classified as war injury.He further stated that his case is also covered under Army Order 1/2003 which includes casualties occurring while carrying battle Inoculation / training or operationally oriented training in preparation for actual operations due to gunshot wounds / explosion of live ammunition / explosives / mines or by drowning or electrocution.The Tribunal’s Bench of Justice Sudhir Mittal and Lt Gen Ranbir Singh observed that the applicant had not suffered disabilities due to battle inoculation, training exercises or demonstration with live ammunition but due to an accidental firing at the small arms range, which though attributable to military service does not qualify as war injury according to categories listed in the ministry’s letter of 2001.The Bench, while holding that he was correctly being paid disability pension, allowed his plea to round-off the disability percentage to 100 per cent, in accordance with earlier directives of the Supreme Court, with effect from 2008.

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