The �4.7m payout was originally awarded by the High Court last year

Graham Tomlinson, 38, of Farnham, Surrey, experiences mood swings and dysfunctional behaviour.

A Ministry of Defence (MoD) appeal over the level of damages awarded last year was rejected by a court on Thursday.

Paul Harrington, solicitor for Mr Tomlinson and his wife, said the couple were "very relieved".

The ex-solider was on duty in the Middle East country of Oman in 2002, when he was hit in the head by shrapnel from a mortar round fired by another member of the SAS, Mr Harrington said.

"He was on a life support system for six weeks, they didn't think he'd live, but against all the odds he survived."

'Grown-up child'

Mr Tomlinson was kept in the Army for about 18 months but was unable to stay on permanently.

He and his family - wife Noeleen, 43, and their two children, aged 14 and 11 - were then forced to "effectively squat in Army quarters", in Aldershot, Hampshire, with Mrs Tomlinson becoming a full-time carer.

Mr Harrington said Mr Tomlinson now lacked "cognitive functioning abilities".

"He would go up to people reading a newspaper and take it off them saying, 'I want that'.

"It was dysfunctional behaviour and it obviously took its toll on Mrs Tomlinson."

Where there is a legal liability to pay compensation, we do so Ministry of Defence

Upholding the �4.7m payout on Thursday, an Appeal Court judge described Mr Tomlinson as being like a "grown-up child".

Mr Harrington said: "Physically he doesn't look injured, but he had a severe penetrating injury to the brain and he needs 24-hour care.

"He's a man who was injured in service of his country and it's only fair the government funds his rehabilitation.

"Graham and Noeleen are very relieved this is now finalised and they can get on with their lives."

The MoD said in a statement: "Where there is a legal liability to pay compensation, we do so."