JUDGMENT 1. - In this writ petition the claim of the petitioner is in respect of disability pension on account of injuries suffered by him on his left hand. It is claimed that while the petitioner was travelling while returning from temporary duty on 12.9.63 in a bus, near village Singora he was travelling on the roof of the bus and his left arm was hit by the tree as a result of which he fell down and suffered the injury. 2. The respondents submits that the Medical Board examined the claim of the petitioner for hepatic amoeboisis and ‘fracture left forearm effect of'. So far as the disease hepatic amoeboisis is concerned, he was in low medical category for hepatic amoeboisis and this disability was accepted as attributable to military senice by the Pension Sanctioning Authority and the petitioner was granted disability element of pension accordingly, in respect of 'fracture left forearm effect of the claim was not considered attributable to or aggravated by the military service as no documentary proof was submitted by the petitioner. The petitioner was asked to provide the information, i.e. injury report and court of inquiry proceedings in respect of the inquiry, if any held, hospitalization documents from the civil Hospital Singhnore for treatment of injury from 12th Sept. 1963 to October, 10, 1963. Instead of furnishing the information desired vide letter dated 11.11.1978, the petitioner submitted the statement of Sarpanch of village Singhnore. In these circumstances the Pension Sanctioning Authority considered that the injury of the petitioner is neither attributable to nor aggravated by the military service. The appeal of the petitioner against the decision of the Pension Sanctioning Authority was also rejected on 9.4.86. 3. The respondents have also submitted that after 1.4.85 no representation was received from the petitioner and the only representation dated 2.11.1989 which was received was replied vide letter dated 29.1.1990. In the Medical Board proceedings it was observed that there is no documentary evidence in his previous documents that he sustained a fracture of left radius. The old X-ray taken in this concern during previous medical boards for amoeboisis (Hepatic) have not shown evidence of fracture but increased anterior angulation of radial shaft which could be due to an old fracture. In the old medical categorisation board of 22.1.1974 and 28.8.74, 5.6.75 this has been mentioned and on 11. The old X-ray taken in this concern during previous medical boards for amoeboisis (Hepatic) have not shown evidence of fracture but increased anterior angulation of radial shaft which could be due to an old fracture. In the old medical categorisation board of 22.1.1974 and 28.8.74, 5.6.75 this has been mentioned and on 11. .76 he was upgraded for this inability by surgical Specialist at Military Hospital Jabalpur. Under Regulations for Army, 1987 in para 520 it is provided that - “520. Injury to a person Subject to Army Act- (a) When an officer, JCO, WO, OR or nurse whether on or off duty, is injured (except by wounds received in action), a certificate on IAFY-2006 will be forwarded by the medical officer in charge of the case to the injured person’s CO as soon as possible after the date on which the patient has been placed on the sick list, whether in quarters or in hospital. In the case of injuries which are immediately fatal, a report of the court of inquiry proceedings referred to in sub-para (c) (i) will take the place of IAPY-2006. (b) If the medical officer certifies that the injury is of a trivial character, unlikely to cause permanent ill- affects, no court of inquiry need be held, unless considered necessary under sub-para (c) (ii), (iv) or (v). In any event however, IAPY-2006 will be completed and in all cases, except those of JCOs, WOs and OR will be forwarded through the prescribed channels to Army Head Quarters. Org. Dte in the case of non-medical officers and Medical Dte in other cases, a copy being retained at command or other headquarters. In the case of a JCO, WO or OR, IAFY-2006 will be forwarded to the officer i/c records for custody with the original attestation, after the necessary entry, stating whether he was on duty and whether he was to blame, has been made by the CO, in the Primary Medical Examination report (AMMSF-2A). (c) In the following cases a court of inquiry will be assembled to investigate the circumstances - (i) If the injury is fatal or certified by the medical officer to be of a serious nature. (c) In the following cases a court of inquiry will be assembled to investigate the circumstances - (i) If the injury is fatal or certified by the medical officer to be of a serious nature. Where an inquest is held, a copy of the coroner’s report of the proceedings will be attached to the court of inquiry proceedings, (ii) If, in the opinion of the CO, doubt exists as to the cause of the Injury. (iii) if, in the opinion of the CO, doubt exists as to whether the injured person was on or off duty at the time he or she received the injury. (iv) If, for any reason, it is desirable thoroughly to investigate the cause of the injury, (v) If the injury was caused through the fault of some other person. In cases where the injured person is a JCO, WO or OR, the court may consist of on officer as presiding Officer, with two JCOs, WOs or senior NCOs as members. (d) The court of inquiry will not give an option (sic), but the injured person’s CO will record his opinion on the evidence, stating whether the injured person was on duty and whether he or she was to blame. When no evidence as to circumstances attending the injury beyond that of the injured person is forthcoming it should be stated in the proceedings. The proceedings will then be sent to the brigade commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander who will record thereon his decision whether disability or death was attributable to military service and whether it occurred on field service. WOs and OR, record his opinion in the proceedings which will then be forwarded by the CO through the prescribed channel to Army Headquarters, Org. Dte in case of non-medical officers and medical Dte in other cases, a copy being retained at command or other headquarters. In the case of a JCO, WO or OR a record will be made in the primary medical examination report (AMMSF-2A) by the CO that a court of inquiry has been held, and also as so whether the man was on duty and whether he was to blame. In the case of a JCO, WO or OR a record will be made in the primary medical examination report (AMMSF-2A) by the CO that a court of inquiry has been held, and also as so whether the man was on duty and whether he was to blame. The primary medical examination report will then be passed to the medical officer who will record his opinion as to the effect of the injury on the man’s service. The proceedings of the court of inquiry will then be forwarded to the officer i/c records for enclosure with the injured person's original attestation (see sub-para (b) above), except in the case of a court of inquiry under sub-para (c) (V) above, in which case the proceedings together with a copy of the medical opinion as to the effect of the injury on the man’s service, will be forwarded without delay to Army Headquarters. (e) When an officer, JCO, WO, OR or nurse, not on duty is injured in any way or through the fault of a civilian or civilians, and receives compensation from such civilian or civilians, in lieu of any further claim, this will be recorded in the proceedings of the court of inquiry. (f) A Court of inquiry need not necessarily be held to investigate deaths or injuries sustained through taking part in organised games, sports and other physical recreations as defined in para 271. In all cases where a court of enquiry is not held, IAFY- 2006 will be completed with the statement of witnesses as required by item 4 thereon and when applicable, the CO will certify that the games, sports or physical recreations were organised ones. (g) The injury report will be submitted to the brigade commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander only if the injury is severe or moderately severe or if a court of inquiry to enquire into the causes of injury has been held. The brigade commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander will record ori the form his (opinion)whether or not the injury was attributable to military service, and whether occurred on field service. In all other cases, the CO will record his opinion. The brigade commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander will record ori the form his (opinion)whether or not the injury was attributable to military service, and whether occurred on field service. In all other cases, the CO will record his opinion. (h) In case where the injury report on IAFY-2006 is prepared in addition to the court of inquiry proceedings and the brigade commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander has recorded his opinion on the court of inquiry proceedings or adjudicated the case, it will not necessary for him to do so again on the injury report (IAFY-2006) which may be signed by a senior staff officer on his behalf. The senior staff officer will however, clearly state that the decision given is as recorded by the brigade- commander or the officer who has been authorised under Section 8 of the Army Act to exercise the legal and disciplinary powers of a brigade commander on the court of inquiry proceedings. (i) IAFY-2006 or the proceedings of the court so endorsed, as the case may be will accompany the pension claim when submitted to the pension sanctioning authority, who will either accept the decision of the brigade commander, or, if in doubt will submit the pension claim for the orders of the Central Government. The medical board or the medical officer, who furnishes a death certificate will not express any opinion in such cases in regard to attributability to service, except on purely medical grounds which should be clearly specified.” 4. On the basis of the above regulation it is submitted that had the petitioner suffered the injuries in 1963 he should have certainly reported it to the nearest military hospital and on joining the duties. 5. I have considered over the matter. From the documents which have been submitted by the respondents it is evident that the petitioner has completely failed to comply with the above provisions of regulation 520. Even in the medical board proceedings it is mentioned that the said injury was not attributable or aggravated during the service. 5. I have considered over the matter. From the documents which have been submitted by the respondents it is evident that the petitioner has completely failed to comply with the above provisions of regulation 520. Even in the medical board proceedings it is mentioned that the said injury was not attributable or aggravated during the service. The petitioner has failed to produce any evidence in respect of the alleged injury or treatment and he failed to furnish the information called from him. In these circumstances I do not consider that any case is made out for interference in the order passed by the respondents. The plea of ignorance cannot be considered to be a valid ground for not complying with the provisions of the regulation. Had the petitioner in fact suffered the injury on 12.9.63, while on duty he would have submitted the information and proof as was required from him. No case for interference under Article 226 of the Constitution of India is made out. 6. Consequently, the writ petition has no force. It is hereby dismissed.Writ Petition Dismissed. *******