War Injury Pension on Invalidment
Where an officer is invalided out of service on account of disability sustained under circumstances mentioned in category “E” , he shall be entitled to War Iinjury Pension consisting of Service Element and War Injury Element as follows :-
(i) Equal to Retiring Pension determined as per Para 6 of Military letter No. 17(4)/2008(2)/D(Pen/Pol) dt 12/11/2008 subect to Min. of Rs. 3500/-PM. There shall be no condition of minimum qualifying servie for earining this element.
(ii) equal to reckonable emoluments last drawn for 100% disablement. For lower percentage of disablement, war injury element shall be reducedpropotionality. The cap on War injury pension w.r.t. emoluments last drawn in case or disabled pensioners belonging to category E has been removed w.e.f 1-07-2009.
War Injury Pension on Retention in Service
An officer who is retained in service despite the disability due to war injury sustained under circumstances mentioned in category ‘E’ and retire subsequently shall have on option as follows.
(a) to draw lump sum compensation in lieu of war injury element foregoing war injury element at the time of subsequent retirement.
(b) to draw war injury element at the time of retirement in addition to retiring pension admissible on retirement, foregoing lump sum compensation.The rate of war injury element for 100% disability on retirment / discharge from service shall be 30% of emolument last drawn subject to minimum of Rs. 3510/- PM for 100% disability. for disability less than 100% pension shall be reduced proportionally.
Lump-Sum Compensation in lieu of War Injury Pension
In case an officer is found to have a disability which is sustained under the circumstances mentioned in category E of Disability which is assessed at 20% or more for life but the officer is retained in service despite such disability and opts for lump sum compensation, he shall be paid the lump sum compensation in lieu of war injury element.
The rate of war injury element for 100% disability on retirement / discharge from service shall be 30% of emolument last drawn subject to minimum of Rs. 3510/- PM for 100% disability. For disability due to war injury less than 100%, the rates shall be proportionately reduced.
The one time compensation in lump sum in lieu of war injury element will be equal to the capitalized value of war injury element.Age next birth day will be reckoned with reference to the date of onset of disability with loading to age, if any, recommended by the Competent Medical Board.
Once the compensation in lieu of war injury element due to disability for life has been paid, there shall be no further entitlement on account of such a disability at the time of retirement form Armed Forces. Since this is one time payment of compensation, no restoration will be permitted.
War Injury Element on Subsequent Reitrement
Where an officer is retained in service despite injury/disability sustained under the circumstances mentioned in Category ‘E’ and does not opt for lump sum compensation in lieu of war injury, he shall be entitled to the payment of war injury element on a monthly basis at the rate prescribed in above Para above on subsequent retirement.
For disabilities less than 100 %, the above rate shall be proportionately reduced. No war injury shall be payable for disabilities less than 20 %.