Tue Dec 03 18:12:04 UTC 2024: ## Supreme Court Orders Army to Pay Widow of Soldier Killed Near LOC Rs 50,000

**New Delhi:** The Supreme Court has upheld an Armed Forces Tribunal (AFT) ruling, ordering the Indian Army to grant the widow of a soldier who died during Operation Rakshak in Jammu and Kashmir the Liberalised Family Pension (LFP). The Court also imposed a Rs 50,000 cost on the Army for contesting the case.

The soldier, who died in January 2013, was on an area domination patrol near the Line of Control (LOC) when he suffered a cardiopulmonary arrest. While initially classified as a battle casualty, his death was later reclassified as a physical casualty attributable to military service. This reclassification led to the denial of the LFP, prompting his widow to appeal to the AFT.

The AFT ruled in the widow’s favor in August 2019, granting her the LFP and an ex-gratia payment. The Union government challenged this decision in the Supreme Court, arguing the soldier’s death was not a battle casualty.

However, the Supreme Court considered the initial classification as a battle casualty, the soldier’s exposure to extreme weather conditions, and the war-like situation near the LOC. The court deemed the death attributable to illness caused by these conditions, effectively classifying it as a battle casualty. The Court dismissed the government’s appeal and directed the implementation of the AFT’s judgment within three months. The Army has been ordered to pay the widow Rs 50,000 in costs within two months, with the Supreme Court criticizing the government for contesting the case.

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