Team Blitz India
NEW DELHI: The Supreme Court has held the Indian Air Force and Indian Army liable for medical negligence in connection with an IAF veteran contracting HIV during blood transfusion and ordered that he be paid Rs 1.54-crore compensation within six weeks.
It stated 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 is maintained.
A Bench of Justices S Ravindra Bhat and Aravind Kumar said, “Since individual liability cannot be assigned, the respondent organisations IAF, and the Indian Army are held vicariously liable jointly and severally”.
NCDRC rejected claim
The judgment came on an appeal by the IAF veteran challenging an order of the National Consumer Disputes Redressal Commission (NCDRC) rejecting his claim for compensation.
The appellant had taken ill during Operation Parakram in J&K and was admitted to the Samba military hospital where he had to be administered one unit of blood. The HIV was diagnosed in 2014 and subsequent enquiries revealed that it happened on account of the 2002 blood transfusion. Following this, he was denied service extension and discharged from service in May 2016.
“The appellant is entitled to compensation calculated at 1,54,73,000 rupees on account of medical negligence of the respondents… The amount shall be paid by the IAF within six weeks,” the court said.
The apex court said it will be “open to the IAF to seek reimbursement to the extent of half the amount from the Army” and directed that “all arrears related to disability pension”, too, “shall be disbursed within six weeks”.
