Section 8: Pension and gratuity to be paid to personal representatives, etc., where a serviceman is killed in course of duty

(1) Without prejudice to subsection (2) of this section where during his period of service, a serviceman dies as a result of injuries received in the course of his duties-
(a) without his own default; and
(b) on account of circumstances specifically attributable to the nature of his duty,
there shall be paid to his legal personal representative or, in any case where there is no legal personal representative, to any person being a trustee or heir of such serviceman a gratuity equal to one year's salary of such serviceman a gratuity which the officer would have been entitled to on the date of his death, whichever is higher.
(2) In addition to the gratuity payable under subsection (1) of this section, there shall be granted-
(a) if the deceased serviceman leaves a widow, a pension to her, for life while unmarried and of good character, at a rate not exceeding one third of his accrued pension at the date of his death;
(b) if the deceased serviceman leaves a widow to whom pension is granted under paragraph (a) of this subsection and a child or children, a pension in respect of each child, until such child attains the age of eighteen years, of an amount not exceeding one third of the pension prescribed in that paragraph; but where the deceased leaves only one child that child shall be entitled to two thirds of the deceased officer's accrued pension until he attains the age of eighteen years, or if engaged in full-time course of studies at an institution of higher learning, until he attains the age of 25 years;
(c) if the deceased serviceman leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child until such child attains the age of eighteen years, of double the amount prescribed by paragraph (b) of this section;
(d) if the deceased serviceman leaves a child or children and a widow to whom a pension is granted under paragraph (a) of this subsection and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of eighteen years, of double the amount prescribed by paragraph (b) of this subsection;
(e) if the deceased serviceman does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to the widow:
Provided that-
(i) a pension shall not be payable under this subsection at any time in respect of more than four children;
(ii) in the case of a pension granted under paragraph (e) of this subsection, if the mother is a widow at the time of the grant of the pension and subsequently re-marries, such pension shall cease as from the date of re-marriage; and if it appears to the Minister at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the Minister may determine;
(iii) a pension granted to a female child under this section shall cease upon the marriage of such child under the age of eighteen years;
(iv) where a deceased serviceman leaves more than one widow, the Minister may grant a pension or pensions to one or more of such widows not exceeding in the aggregate the total value of the pension which might be granted to a sole widow under the preceding provisions of this subsection;
(v) where a deceased serviceman leaves a widow to whom one third of his annual pensionable emolument has been granted and an only child, the Minister may grant to that only child a pension representing the balance of the deceased serviceman's pensions, that is to say, two thirds thereof.
(3) For the purpose of this section, the word "child" includes-
(a) a posthumous child;
(b) a child born out of wedlock the onus of the proof of paternity of which shall be on such child; and
(c) a step-child or a child adopted in a manner recognised by law (including customary or Moslem law).