The respondent organisations, the Indian Air Force and the Indian Army, are held vicariously liable jointly and severally, according to a panel of Justices S Ravindra Bhat and Aravind Kumar.
The Supreme Court on Tuesday held the Indian Air Force and Indian Army liable for medical negligence in connection with an IAF veteran contracting HIV during blood transfusion at the 171 Military Hospital, Samba, in July 2002 and ordered that he be paid Rs 1.54 crore compensation within six weeks, stating that it is the duty of all state functionaries, including those in the armed forces, to “ensure that the highest standards of safety” for the personnel are maintained.
The respondent organisations, the Indian Air Force and the Indian Army, are held vicariously liable jointly and severally, according to a panel of Justices S Ravindra Bhat and Aravind Kumar.
It stated that the appellant “is entitled to compensation calculated at 1,54,73,000 rupees as a result of the respondents’ medical negligence… The IAF must pay the sum within six weeks.”
The court stated that while it “has attempted to give tangible relief at the end of the day, it realises that no amount of compensation and monetary terms can undo the harm caused by such behaviour which has shaken the foundation of the appellant’s dignity, robbed him of honour and rendered him not only desperate but cynical” .
The court stated that it is “open to the IAF to seek reimbursement to the extent of half the amount from the Army” and ordered that “all arrears related to disability pension” be disbursed “within 6 weeks.” The decision came in response to the IAF veteran’s appeal of an order of the National Consumer Disputes Redressal Commision (NCDRC) dismissing his compensation claim. The appellant became unwell during Operation Parakram in J&K and was admitted to Samba Hospital, where he was given one unit of blood.
HIV was discovered in 2014, and additional investigations confirmed that it was caused by the 2002 blood transfusion. Following this, he was denied a service extension and was discharged in May 2016.
