In a significant ruling, the Armed Forces Tribunal (AFT) has clarified that the death of a soldier cannot be attributed solely to alcohol consumption, emphasizing that service-related conditions like deployment at higher altitudes are crucial contributing factors. The tribunal made this observation while granting a special family pension to the widow of an Indian Air Force (IAF) soldier.
The Case of Corporal Jasvindra Singh Talan
The ruling came from the Lucknow bench of the AFT, comprising Justice Suresh Kumar Gupta and Major General Sanjay Singh (Retd.). They were hearing an application filed by Kavita Talan, the wife of late Corporal Jasvindra Singh Talan. The soldier died from a fatal medical condition on July 15, 2015, while posted at Kurseong in Darjeeling, West Bengal, at an altitude of approximately 1,500 meters.
Government's Argument and Tribunal's Rebuttal
During the proceedings, the government's counsel argued that the medical summary indicated Talan had been a 'regular alcohol consumer' for six years prior to his death, implying this was the primary cause. However, the AFT bench firmly rejected this narrow view.
The tribunal held that attributing the death only to alleged alcohol consumption was unsustainable and lacked a definitive medical basis. The bench underscored that other critical factors inherent to his service must be considered.
Official Duty and the Final Ruling
After examining all aspects, the AFT concluded that Corporal Talan's death occurred in the performance of official duty. The ruling acknowledged the combined impact of his service environment. Consequently, the tribunal allowed Kavita Talan's application, granting her the special family pension she rightfully sought.
This decision highlights the tribunal's holistic approach in evaluating the complex circumstances surrounding the health and demise of armed forces personnel, especially those serving in challenging terrains.
