*Radha Sharma Feb 11, 2011*
*AHMEDABAD:*A consumer court entitled a mentally challenged man to his parents' pension for his whole life after death of both his parents, overruling the medical certificate which says he is 95% challenged. Dependents over 25 years of age are eligible to such pension only if they suffer 100% disability. Ashwin Modi, 34, suffers mental retardation since birth and was issued a certificate of 95% disability due to profound mental retardation. His father Babubhai Modi, who used to work as a clerk in the Ankleshwar Nagrik Sahkari Bank, died in 2002. His mother who worked in a school used to get Babubhai's pension as his widow. She also died six months after the death of her husband. The deaths of the parents proved to be double whammy as both Ashwin and his sister Sheetal were over 25 years of age. Advocate Himanshu Thakkar said that since dependents with 100% disability only are eligible to get pension, pension of both the parents which amounted to Rs 1,200 was stopped as Ashwin had only 95% disability. The family pension constituted Rs 250 of the father and Rs 950 of the mother. Sheetal moved the consumer forum in Ankleshwar, pleading that the court allow the provident office to release pension to Ashwin as he was completely disabled and even she also could not take up a job as she was required to remain at home to look after Ashwin. The court, however, rejected her appeal saying that since Ashwin was given a certificate of 95% disability, he was not eligible for family pension. The case was appealed in the Consumer Dispute Redressal Commission (CDRC), Gujarat, which recently directed that Ashwin be paid pension from the month and year the pension was stopped. "We feel that the 95% mental retardation suffered by Ashwin can be considered to be 100%. Just because the medical certificate says that it is 95%, it can not be said that that he does not have cent percent disability. There is reason to believe that the 5% deficit can be error on part of the doctor," CDRC judicial members N A Acharya and B H Joshi said in the order. http://timesofindia.indiatimes.com/articleshow/7472388.cms?prtpage=1 -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
