Anil Parmar v. Union of India & Ors

MANMEET PRITAM SINGH ARORA, J

V. KAMESWAR RAO, J JANUARY 7, 2026/rr/hp/MG

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision :07.01.2026 + W.P.(C) 11894/2024 CM APPL. 4324/2025 ANIL PARMAR .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Ms. Shradha Mewati and Mr. Ajinkya Dhalwade, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Vedansh Anand, SPC with Mr. Kush Garg, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA. (ORAL) 1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking benefits of disability pension and quashing of the order dated 29.01.2024 ('impugned order') issued by the IG (ADM) FHQ BSF, New Delhi. Factual Matrix 2. The relevant facts in brief as set out in the petition are as under: 2.1. The petitioner was working as a Constable at STC BSF Kharkan Camp, Hoshiarpur, Punjab. On 02.10.2016, the petitioner and his wife met with an accident while going to Civil Hospital, Hoshiarpur, Punjab on his personal Activa Scooter due to the negligence and sudden opening of the door of Celerio Car (Maruti Suzuki) of one Sh. Ravinder Singh. As a consequence, the petitioner along with his wife collided with the opened door of the car, lost their balance and fell down on the road. They were run over by a civil truck, which was coming from behind. Afterwards, the petitioner and his wife were rushed to Civil Hospital, Hoshiarpur, where the Petitioner was diagnosed as a case of Road Traffic Accident ('RTA', for short) with head injury as well as with fracture SOH left leg, fracture Tibia Right, degloving injury of right foot and leg and foot with fracture D11- D12, L2-L3 with paraplegia, fracture 3rd metataersal left. The petitioner and his wife were further referred to PGI Chandigarh due to their critical condition. 2.2. Furthermore, on 06.10.2016 wife of the petitioner passed away. Thereafter, on 07.10.2016 considering the seriousness of injury of the petitioner, he was further shifted to Medanta Hospital Gurgaon. That while being admitted in Medanta Hospital Gurgaon, on 08.10.2016 the petitioner underwent surgery in which his right lower limb was amputated. That despite surgery, the condition of the petitioner did not improve and again on 12.10.2016 he underwent debridement of right above knee amputated stump along with percutaneous D10-11 AND L3-L4 fixation with rod and screws was done. Thereafter on 30.12.2016, the petitioner underwent transnasal trans-sphenoidal excision of pituitary tumor and was discharged on 02.01.2017. That petitioner was again admitted to Medanta Hospital Gurgaon due to complaints regarding sore sacral region grade 3 and was later on discharged on 06.03.2017 after preliminary treatment. 2.3. The Court of Inquiry vide proceeding dated 15.04.2017 was of the opinion that injury of the petitioner is attributable to bona fide government service and all financial benefits should be provided to the petitioner. The said opinion reads as under: - " OPINION OF THE COURT After going through all the relevant witnesses and evidences produced, this court of the opinion that:- No 021099896 CT Anil Parmar along with his wife (Late Smt Sunita Devi) met with an accident on 02-10-2016 while they were going to Civil Hospital, Hoshiarpur for her treatment as she had been referred to Civil Hospital, Hoshiarpur by CMO (SAG), STC BSF, Kharkan Camp CT Anil Parmer had duly obtained outpass through proper channel from his Coy Cdr for proceeding to Hoshiarpur. No 021099896 CT Anil Parmar had no control over the circumstances under which the accident happened due to sudden opening of the door of Celerio car (No PB-17-AQ-1617) by the driver which was already halting on the road. Resultantly, the Honda Activa (two wheeler vehicle bearing registration number PB-07-R-2242) on which CT Anil Parmar and his wife were travelling struck with the door of the car after which they fell down on the road and were run over by a Civil truck (Tipper