[Civil Appeal No.2904 of 2011]. [Civil Appeal No.2905 of 2011]. These appeals arise out of separate but similar orders passed by the Armed Forces Tribunal holding the respondents entitled to claim disability pension under the relevant Pension Regulations of the Army. The Tribunal has taken the view that the disability of each one of the respondents was attributable to or aggravated by military service and the same having been assessed at more than 20% entitled them to disability pension. The appellant-Union of India has assailed that finding and direction for payment of pension primarily on the ground that the Medical Boards concerned having clearly opined that the disability had not arisen out of or aggravated by military service, the Tribunal was not justified in taking a contrary view. Relying upon the decisions of this Court in Union of India and Ors. v. Keshar Singh (2007) 12 SCC 675; Om Prakash Singh v. Union of India and Ors. (2010) 12 SCC 667; Secretary, Ministry of Defence and Ors. v. A.V. Damodaran (Dead) through LRs. and Ors. (2009) 9 SCC 140; and Union of India and Ors. v. Ram Prakash (2010) 11 SCC 220, it was contended by Mr. Balasubramanian, learned counsel appearing for the appellant in these appeals, that the opinion of the Release Medical Board and in some cases Re-survey Medical Board and Appellate Medical Authority must be respected, especially when the question whether the disability suffered by the respondents was attributable to or aggravated by military service was a technical question falling entirely in the realm of medical science in which the opinion expressed by medical experts could not be lightly brushed aside.
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