The Supreme Court’s decision comes as a significant development in the veteran’s long-standing battle for justice and compensation. The former soldier, who served in a combatant rank, fell ill during “Operation Parakram,” which was initiated following the terrorist attack on the Indian Parliament on December 13, 2001. His condition necessitated a blood transfusion at the hospital, leading to the unfortunate contraction of HIV.
The Supreme Court of India on Tuesday has ordered the immediate payment of Rs 18 lakh as compensation to an Indian Air Force (IAF) veteran who contracted HIV due to a transfusion of infected blood. This incident occurred at a military hospital in Jammu and Kashmir’s Samba in 2002, marking a grave case of medical negligence.
The apex court’s decision comes as a significant development in the veteran’s long-standing battle for justice and compensation. The former soldier, who served in a combatant rank, fell ill during “Operation Parakram,” which was initiated following the terrorist attack on the Indian Parliament on December 13, 2001. His condition necessitated a blood transfusion at the hospital, leading to the unfortunate contraction of HIV.
The Supreme Court, in its judgment delivered on September 26 last year, had initially directed the IAF to pay around Rs 1.5 crore as compensation to the veteran. However, following a plea alleging contempt of the court’s 2023 verdict, the matter was brought before a bench of Justices B R Gavai and Sandeep Mehta, leading to the recent directive.
The bench ordered,
“In the meantime, we direct the respondents to immediately pay to the petitioner an amount of Rs 18 lakh…,”
ensuring that this amount be deposited directly into his account. Furthermore, the court mandated that the remainder of the compensation, as required by the respondents, be deposited in the registry of the apex court within two weeks.
Addressing the veteran’s ongoing needs, the Supreme Court also ruled that he should be provided with medical treatment at the Base hospital and compensated Rs 25,000 for each visit to cover travel and lodging expenses. Additionally, the court recognized the severity of his condition by directing that his disability be considered as 100 percent for the purpose of disbursing his disability pension.
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The court’s decision reflects the submissions of an amicus curiae, who highlighted the veteran’s future needs, including the necessity for a helper, estimated to cost between Rs 10,000 to Rs 15,000 per month. This calculation led to the specified compensation amount of Rs 18 lakh, aimed at covering the expenses for twelve years.
This ruling not only addresses the immediate financial needs of the affected veteran but also sets a precedent for handling cases of medical negligence within the armed forces. The Supreme Court’s directive underscores the responsibility of military medical facilities to ensure the safety and well-being of their personnel.
The case, which has seen various legal turns, originally stemmed from the veteran’s appeal against the National Consumer Disputes Redressal Commission (NCDRC)’s decision to reject his compensation claim. The Supreme Court’s 2023 verdict held the respondent organizations, the IAF and the Indian Army, vicariously liable, jointly and severally, for the injury suffered by the appellant due to medical negligence.
As the matter is set for further hearing on July 16, the Supreme Court’s interim orders provide significant relief to the veteran, acknowledging the profound impact of the medical error on his life and livelihood. This case highlights the critical importance of accountability and compensation in instances of medical negligence, especially within the framework of national defense services.
