Why a gunshot wound from a 1973 duck hunt didn’t qualify this Brigadier for disability benefits

The Brigadier’s case before the Tribunal that, on July 9, 1973, while he was deployed in the war zone ‘OP Cactus Lily’ from November 25, 1971 to March 13, 1973, he had sustained gunshot injury in his left hand which resulted into ‘Traumatic Amputation’ in the left hand index finger rendering the left hand thumb partially defective in its movement, which according to him, was attributable to military service.

According to him, amputation of the left hand index finger is a permanent disability. There are no chances of improvement in future, and the possibility of deterioration of the same cannot be ruled out. He also contended that despite the amputation of the left hand index finger, the Release Medical Board (RMB) at the time of his superannuation in July 2005 declared him to be in SHAPE-1 medical category.

Thus, categorisation in the Shape-1 medical category at the time of superannuation, according to him, resulted in the denial of permanent disability benefits.

The officer’s contention was that the medical board in 1973 had opined that he had suffered the injury while on duty and that he was entitled to consequent benefits. The Ministry of Defence contended in rebuttal that his injury was while hunting and that he had filed a petition in 2016 while he had retired in 2005.

A Court of Inquiry report dating back to 1973 was also produced, which said that the officer had been detailed for the unit field firing exercise to be conducted at Harike Field Firing Range in Punjab on 9 and 10 March, 1973 and that he was responsible for coordinating range safety arrangements and placing of the said sentries in accordance with the range orders.

What inquiry report said

“The injury sustained by the applicant as per his own deposition was, when he was returning to the Field Firing Control Post when he saw some ducks in the marshes near village Sabraon and he loaded his gun, got out his jeep but before he could shoot at them, the ducks flew off and that he had not unloaded the gun but only brought the hammer to the safe position and since he was looking forward for spotting some more ducks in the marshes on his way back while getting back into the jeep, he was holding the gun with his right hand near the trigger guard and by his left hand near the muzzle end of the barrel,” the inquiry report was quoted as saying.

“That he put the butt on the front seat, that he pushed the gun from the same position further inside so that he could take his seat in the jeep and that due to the force of pushing and impact of the butt it seems that the impact of the butt positively with the driver seat, the hammer got pressed resulting in the firing of the gun and in as much as the applicant was holding the gun with his left hand at the muzzle end of the barrel, the cartridge having fired from the gun, injured his left hand index finger and the palm,” it added.

The Delhi High Court order dismissing the petition states that the officer was never in a low medical category while in service due to his injury. It also stated that the petitioner never challenged his SHAPE-1 medical category while in service and only challenged the same more than a decade after retirement.