LawRato

How to determine whether fit for battle casualty ?


26-Apr-2023 (In Armed Forces Tribunal Law)
My husband while in operation in AOR for anti trts operation at Kupwara, Jammu & Kashmir ,while petroling meet an accident by a private vehicle and expired. Whether this case is fit for battle casualty and the widow shall get the facility for the same.the army authorities are denying showing AO 1/2003/MP read in conjunction with Cat 'D' and 'E' of Goal, MoD letter No 1/(2)/97/D(Pen-C) dt 31 Jan 2001 which are mandatory for calssification as battle casualty as per Gol instrs.
Answers (2)

Answer #1
968 votes
(xi) Casualties occurring while operating on the International Border or Line or Control due to natural calamities and illness caused by climatic conditions will be treated as physical casualties for statistical purposes and battle casualties for financial purposes.
(xii) Casualties taking place while carrying out battle inoculation/ training will be treated as physical casualties for statistical purposes and battle casualties for financial purposes.
Answer #2
658 votes
Hi,

When your husband was in strength of unit and met with accident while on duty, you must get all the benefits of battle casualties. You need to project your application through proper channel and if it is unheard for 45 days, you may approach Armed Forces Tribunal or High Court for the relief.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."