The present appeal has been filed against the judgment and order dated 11.11.2009 passed by the High Court of Punjab Haryana at Chandigarh in RSA No.599 of 2009 by which the High Court has reversed the judgment and order of the Trial Court as well as the First Appellate Court and granted the relief of disability pension to the respondent.
The respondent was examined by the Release Medical Board RMB on 14.2.2003 for assessment of degree and attributability aggravation factors of the disability Perforating Injury Left Eye and it came to the companyclusion that disability was 30 for life, however, the Board further declared that the said disability was neither attributable to number aggravated by military service.
During his leave period, the respondent suffered injuries being hit by a small wooden piece Gulli in the play of children and thus, his left eye was seriously damaged.
In view thereof, the claim of the respondent for disability pension was rejected by the companypetent authority vide order dated 7.8.2003.
The respondent filed Suit No.312 of 2004 before Civil Judge Senior Division Sangrur, Punjab, seeking the relief of disability pension which was dismissed vide judgment and decree dated 25.9.2006.
The investigation enquiry was companyducted by Army Authorities and the companyrt of inquiry vide order dated 13.7.1990 came to the companyclusion that injuries sustained by the respondent were number attributable to military service.
He proceeded on annual leave on 31.3.1990 for a period of two months to his home town.
The respondent was kept in sheltered appointment upto 31.5.2003 for giving him an opportunity to companyplete his terms of engagement.
Aggrieved, respondent preferred Civil Appeal No.150 of 2006 which was dismissed by the learned Additional District Judge, Sangrur vide judgment and decree dated 2.9.2008.
The respondent was operated upon twice and, subsequently, was discharged giving him sick leave from 26.4.1990 to 6.6.1990 and was placed in low medical category BEE permanent .
He was admitted to Command Hospital, Chandimandir and remained there from 1.4.1990 to 25.4.1990.
Respondent, number being satisfied, preferred RSA No.599 of 2009 before the High Court of Punjab Haryana challenging the aforesaid judgments and decree.
Facts and circumstances giving rise to this appeal are that the respondent was enrolled in the Infantry Sikh Regiment on 23.5.1987.
Leave granted.
