The Supreme Court refused to interfere with its earlier order directing the Indian Air Force (IAF) to pay around Rs 1.6 crores as compensation to a veteran who contracted the human immunodeficiency virus (HIV) during a blood transfusion at a military hospital.
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NEW DELHI: The Supreme Court upheld its earlier directive, declining to intervene in its order instructing the Indian Air Force (IAF) to provide approximately Rs 1.6 crores as compensation to a veteran who contracted the human immunodeficiency virus (HIV) through a blood transfusion at a military hospital.
Justices Dipankar Datta and Prasanna B Varale, presiding over the bench, concluded that there was no basis for a review and dismissed a review petition filed by the IAF and the Army.
“The judgment and order under review does not suffer from any error, much less apparent error, warranting its reconsideration. That apart, no other sufficient ground has been set up for granting the relief claimed in the Review Petition. The Review Petition is, accordingly, dismissed”
-the Court stated in its order issued on April 3.
This ruling reaffirms the apex court’s September 2023 decision, wherein it mandated the IAF to compensate the veteran for medical negligence. Furthermore, the Court admonished the IAF and the Army for their actions, holding them vicariously liable, both collectively and individually.
The IAF and the Army contested the validity of this judgment through a review petition, which has now been dismissed.
In a separate development in January of this year, the Supreme Court had directed the Indian Army and the Indian Air Force to address a contempt of court allegation lodged by the concerned officer, Ashish Chauhan, for failing to disburse the compensation.
The case originated from an incident following the attack on the Indian Parliament in 2001, during heightened tensions along the India-Pakistan border. Amid Operation Parakram in 2002, the veteran fell ill and received a blood transfusion at a military hospital in Samba, Jammu and Kashmir.
In 2014, he was diagnosed with HIV, prompting him to seek information about his hospitalization through a Personal Occurrence Report (POR). Subsequent medical assessments in 2014 and 2015 linked his HIV diagnosis to the blood transfusion.
As a result, the veteran’s service extension request was denied, leading to his discharge in May 2016. Moreover, his application for a disability certificate was rejected on procedural grounds.
The National Consumer Disputes Redressal Commission (NCDRC) dismissed the veteran’s plea for Rs 95.31 crore in compensation. This decision was contested in the Supreme Court, which criticized the inadequate attention paid to the officer during the blood transfusion.
The Court determined the compensation payable as follows:
- Rs 86.73 lakh for lost earnings
- Rs 50 lakh for mental distress
- Rs 18 lakh for future medical expenses
- Rs 5 lakh for legal expenses
Additionally, the IAF and the Army were directed to facilitate the veteran’s future medical treatment, covering his travel expenses for bi-monthly checkups.
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